Professional Documents
Culture Documents
CCJ Cosca 2012 Court Security Handbook Revised September 2012
CCJ Cosca 2012 Court Security Handbook Revised September 2012
Page
Dedication ............................................................................................................................ i
Acknowledgements ............................................................................................................. ii
Essential Ten Elements for Effective Courtroom Safety and Security Planning............... iv
Introduction ..........................................................................................................................v
Strategies for Success ............................................................................................ ix
Best Practices Institute: Emergency Management for Courts ................................x
Appendices
Dedication
Thomas J. Moyer
Chief Justice, Supreme Court of Ohio
April 18, 1939 – April 2, 2010
In 2003 the Conference of Chief Justices and Conference of State Court Administrators
established a Committee on Security and Emergency Preparedness. In recognition of the
gravity and importance of court security, the Chief Justices designated Tom Moyer to be
the committee's first co-chair. From 2003 to his untimely passing in 2010, Chief Justice
Moyer served as the committee's co-chair and advanced the interests of judicial security
with wisdom, patience and gentility. This practical guide is both a tribute to Chief Justice
Moyer and a testament to his remarkable work in the complex field of court security. We
are truly the beneficiaries of his pioneering efforts. We dedicate this court security
handbook to Chief Justice Thomas Moyer. His many good works will always be
remembered.
Acknowledgements
Members of the Conference of Chief Justices (CCJ) and the Conference of State
Court Administrators (COSCA) Committee on Court Security and Emergency
Preparedness gratefully acknowledge the assistance of the many individuals who
contributed to the publication of this handbook: CCJ/COSCA Court Security Handbook -
Ten Essential Elements for Court Security and Emergency Preparedness. It is the result
of efforts, cooperation, and hard work of many that information contained in these
chapters was produced.
Over the years, numerous chief justices and state court administrators who have
served on the Committee have contributed their time and energy not only to developing
the ten elements, but to putting them into a useable format that judges and court managers
can use as guidelines to improve the safety and security of those individuals they serve in
our national system of justice.
Members of the Committee from fiscal year from 2009-10 through 2011-12 are:
CCJ Members COSCA Members
We would also like to offer special thanks to our many colleagues, consultants,
and court experts for their comments and contributions to the ten chapters contained in
this handbook. Those who contributed greatly to the development and publication of this
report are reviewers of the handbook — Steve Canterbury, Lisa Goodner, and Pat Griffin
as well as NCSC liaison to the Committee, Timm Fautsko, and former liaisons Carolyn
Ortwein and José Dimas. Other contributors are Judy Amidon, Steve Berson, Ephanie
Blair, Pam Casey, Tom Clarke, Paul Embley, Kay Farley, Dan Hall, Laura Klaversma,
Frank Lalley, Arnold Lum, Jim O’Neil, Kevin Sheehan, Jewel Williams. Special
appreciation is extended to Darren Breslin, Alicia Davis, Kären Hallstrom, and Mary
Beth Kirven for their development of the section in Chapter Three entitled Emergency
Preparedness and Response: Continuity of Operations (COOP).
With respect to the chapters, we have again received contributions from many
internal and external contributors for whose efforts we are sincerely grateful. Our
gratitude also extends to the many members of the court community who shared
information and made suggestions about the application of the ten elements. These
contributions are reflected in the content of the chapters and demonstrate the value of
networking and collaboration between states’ administrative offices of courts and the
practitioners in the field. We would also like to recognize the many sponsors of the Web
sites and companies that are listed in the Resources and References section at the end of
each chapter.
Introduction
The terror attacks on September 11, 2001, produced increased concerns for safety
and security for virtually all institutions in this country. State courts were no exception.
In 2003, a Court Security and Emergency Preparedness Committee (Committee) was
convened by the Conference of Chief Justices (CCJ) and the Conference of State Court
Administrators (COSCA) and included representatives from both. The mission statement
of the Committee reads as follows:
Most court managers believe that their facilities will not be targeted for a
terrorist attack, or that disaster, natural or man-made, only happens to
other people. Yet, as we are all too aware, catastrophic events can happen
to anyone, at any time. Hurricanes, floods, fire, and earthquakes, as well
as terrorism and civil disorder all threaten the ability of the courts to
remain open. The events of September 11, 2001, further illustrated the
vulnerability of public institutions and the urgent need for effective
emergency response and security. Under Standard 1.2 of the Court
Performance Standards – Access to Justice – a court is required to make
its facilities safe, accessible, and convenient to use. The joint committee
will identify and address key emergency planning, response, and security
issues that affect state court systems and which have an impact on the
courts’ ability to maintain continuity of operations and the rule of law.
Element 7 - Funding
This is another critical deficiency facing the court system today and for years
past. Equipment can be bought at moderate costs but, without the trained
personnel, the equipment is of little to no use. In addition, many state court
administrators are troubled by the lack of federal funds. While much money
is appropriated to homeland security, very little is dedicated to state courts.
The subject matters reflected in these ten elements cover the many issues and
concerns that court leadership – judges and court administrators – must consider in
discharging their responsibility to provide a safe and secure environment. These topics
include the following: making sure policies and procedures are in place to assure safety
and security (Element 1); assessing the current level of protection that exists within the
courthouse (Element 2); planning to stay open in the face of disaster and recovering data
and other resources lost in a disaster (Elements 3 and 4); identifying potential threats and
documenting existing threats in order to increase levels of protection (Elements 5 and 6);
developing effective funding and partnership strategies to assure the resources necessary
to provide a reasonable level of protection (Elements 7, 8, and 9); and building a
sufficient level of security into planning for new facilities (Element 10).
Pursuant to the Committee’s mission statement, the subject matters covered by the
elements are consistent with those Trial Court Performance Standards (TCPS) relating to
security developed by the National Center for State Courts (NCSC) – Access to Justice.
Performance Standard 1.2 deals with Safety, Accessibility, and Convenience. The
following four measures relate to safety. Measure 1.2.1 examines the physical security of
the courthouse with a formal security audit. Measure 1.2.2 requires that trained law
enforcement officers conduct a test of courthouse security by observing and trying to
breach the court’s security. Measure 1.2.3 uses a survey to assess the general sense of
safety perceived by regular users of the court. Measure 1.2.4 examines the training
courthouse employees receive with respect to responding to emergency situations.
Since the formulation of the Ten Essential Elements, much has happened to fuel
interest in and concern for courthouse safety and security. On March 11, 2005, an in-
custody defendant in the Fulton County Courthouse in Atlanta, Georgia, overpowered a
security officer and fatally shot a judge, a court reporter, a court security officer and, the
next day, a customs officer. Many other security incidents since 2005 have served to
elevate concerns. Disasters such as Hurricane Katrina, along with fears over such
potential disasters as pandemic flu outbreaks (such as H1N1 - Swine Flu), have served to
heighten appreciation for the need for continuity of operations planning (COOP) and
disaster recovery. Even lesser and more frequent emergencies such as the facilities-
closing blizzards of 2010 are illustrative of the need for a clearly developed COOP.
As a result, a vast amount of information is available on the general subject area
of emergency preparedness as well as in much greater detail regarding each of these ten
elements. Much of this information can be found online and in hard copy documents
published by state judicial departments, federal and state agencies, and various
organizations.
Although this handbook is not intended to provide detailed answers to every court
security and emergency preparedness question, it does provide the user a convenient yet
significant gateway to this information. Contained herein is a chapter on each of the ten
elements. Each chapter will offer the reader the following:
• A general discussion of the element: what it encompasses and why it is so
important.
• A practical guide on what needs to be done to put the element in place: what are
the specific steps to take to assure a reasonable level of protection?
The following illustrates the steps needed for the development of comprehensive
security and emergency preparedness programs for state and local courts.
Vision
Program
Management Prevention Preparedness Response Recovery
• Federal and State • Risk Management • Mission Essential • Activities designed to • Activities and programs
Guidance Functions address the immediate designed to return
• Vulnerability Assessment
• Internal Coordination and short-term effects of conditions to an
• Alternate Facilities
• Security Awareness the disaster/emergency, acceptable level, for
• Administrative Order Training • Communications for example: example:
• Advisory Council • Crisis • IT Systems
• Key Assets • COOP/OEP Plans
Communication Links • Voice and Data
• Coordinators • Random Security Checks • Multi-year Strategy • Evacuation Communications
• External Coordination Procedures • Essential Business
• Go Bags Operations
• Judicial Emergency • Event-Specific
Management Group Checklists
• Resource Planning • Emergency
Response Team
Note: On the next page the NCSC Best Practices Institute’s report Emergency
Management for Courts, provides an overview of the subject and briefly introduces best
practices.
The cornerstone for any effective program of court security and personal safety is
a comprehensive and cohesive set of standard operating procedures. The establishment
of such standard operating procedures was ranked by court administrators in a 2004
survey conducted by the National Association for Court Management (NACM) as the
first important step in a court security program.
There are two crucial factors to consider with respect to standard operating
procedures. The first factor is simply that such procedures usually do exist. This means
that those in authority have given these matters proper thought, that concepts of best
procedures have been taken into account, and that an effort has been made for
consistency in security matters throughout the system. The second factor to consider is
how such practices become a living reality and are practiced inside court buildings.
Thus, policies and procedures must not only be promulgated, but must also be the subject
of a rigorous training regimen and ongoing communication efforts. Everyone who works
in a court building has the potential to enhance the safety and security of his or her work
environment materially, to be the eyes and ears of a workforce constantly alert to risks
and threats. Judges and court staffs that have been well trained on well-publicized
policies and procedures provide the best means for this function to be effectively
discharged.
Without standard operating procedures, those in court leadership positions have
no basis to resolve their courts’ safety and security concerns. With a solid set of
operating procedures, court leaders can systematically address such issues and effectively
minimize risks inherent in court operations.
The Committee has identified ten topic areas requiring standard operating
procedures. These topics were from standards and recommendations contained in
material (e.g., court security manuals, directives, policies, rules) from the following states
and organizations: Alabama, American University, Arizona, California, Delaware,
Florida, Michigan, National Association for Court Management (NACM), National
Sheriffs’ Association, New Hampshire, New Jersey, New York, Ohio, Pennsylvania,
Tennessee, Utah, Washington, and Wisconsin.
In this chapter, specific standard operating procedures are set forth or referenced
for each of the ten topics. In some cases, information for the topic is summarized here,
with more information on the topic contained in another, cross-referenced chapter. (See
topics 2, 3, 4, 6, 7, and 10.) Topic 5 (Physical Security) encompasses a wealth of
suggested standard procedures in a great variety of physical and operational areas, which
are summarized below. The procedures themselves are set forth in Appendix A of this
handbook.
Security plan implementation in states varies. Some state courts identify security
measures as mandatory standards; others refer to them as guidelines.
managers, and officials responsible for funding court security; (b) establish an
identifiable and distinct position-holder (a security administrator or coordinator) within
each facility who will serve as a point of contact and assume responsibility for the
facility's security needs, implementation of security procedures, coordination of activities
in an emergency, and collaboration with the local court security committee; and (c) create
a state level security administrator position to provide direction, guidance, and oversight
for security of the state's courts.
Externally, it is important for the court to establish formal, routine alliances or
partnerships with local and state security entities (e.g., state homeland security office),
officials, and law enforcement to ensure effective communication and collaboration to
address the judiciary's distinct security needs. External partnerships are discussed in
more detail in Chapter 9 of this handbook, “Resources and Partnerships,” Essential
Element 9.
A clear command structure – the designation of who is in charge – is critical to
quick action. A designated person in each facility should be authorized to declare an
emergency and to make decisions in the event of an emergency, especially if a facility is
shared with multiple courts or non-judicial departments. There should be a clear unity of
command structure to identify who specifically is responsible for securing a building. If
the court cannot reach agreement with a facility's non-judicial occupants, the court should
define and make adequate provisions to control its space.
A. Perimeter Security
1. Parking areas
2. Grounds (lighting, visibility, protective distance)
3. Exterior of buildings (potential access routes)
4. Surveillance (patrols, daily inspections)
5. Equipment (alarms, surveillance)
6. Loading docks
B. Entrance Security – Access to the Facility
1. Limited access (single point of entry concept)
2. Controlled access (screening post)
3. Screening of mail and deliveries
4. Personnel
5. ID and access control procedures
6. After-hours operations
7. Weapons policy
8. Other policy considerations: contraband, use of force
9. Custodial services
10. Vendors/independent contractors
C. Interior Security — Generally
1. Circulation zones
2. Locking devices: utility and environmental controls
3. Identification and monitoring procedures
4. Security equipment
5. Security personnel (training and safety)
6. Internal communications (within the facility)
7. Prisoner transport/holding areas
8. Building/personnel profiles
9. Daily inspections/sweeps
10. Personal security planning
D. The Courtroom
E. High-risk Proceedings and Populations
F. Administrative Offices
G. Judicial Chambers
H. Roof Exits, Hallways, and Stairwells
Recommended standard operating procedures for all of the above physical and
operational areas are found in Appendix A.
judges and staff about how they can enhance safety in their personal lives, including the
development of family emergency plans, which is strongly recommended. New York
and Pennsylvania, for example, provide a Judicial Threats Handbook to every judge.
New York's security task force report recommended that a list of telephone numbers and
crucial first steps should be given to every judge in a convenient, portable form (e.g.,
wallet-sized card). The report recommended other considerations to provide judges with
prompt communication capabilities, such as portable home duress alarms and cell phones
with global positioning capacity.
Law enforcement and/or court security officers who work in the court facility
must be adequately trained and certified in the skills and performance standards required
to execute their court security roles and responsibilities. Such training should include
instruction in the transportation and restraint of prisoners, court facility security
procedures, use of force, dealing with the public, etc.
Security procedures and protocols should apply to all who work in or visit the
court facility and be strictly enforced. Effective court security requires 100percent
compliance. Security is a collective and individual responsibility that affects everyone.
Enforcement of court security procedures is the responsibility of management
(presiding/chief judges, judges, court administrators, and facility managers). Court staff
should be clearly advised that failure to comply with a facility's security procedures and
protocols may be grounds for disciplinary action. Security personnel should be consulted
and security procedures should be followed when employees are terminated.
Topic 9: Communication
Court staffs and judges should know what is expected of them at all times. Clear
and simple security information should be provided. For example, information can be
provided through the posting and dissemination of security directives and rules; security
manuals and handbooks; periodic security bulletins, announcements, newsletters, emails,
etc.; and wallet-sized laminated cards containing important basic information (such as
telephone numbers, courthouse Web site, emergency contacts, and emergency
procedures).
References/Resources
Fautsko, Timothy F. Courthouse Safety Training: for the Courts of Appeal of Maryland,
Dept. of Emergency Preparedness and Court Security. Denver, CO: National Center for
State Courts. 2009.
< http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=151>.
New York State Unified Court System. “The Task Force on Court Security – Report to
the Chief Judge and Chief Administrative Judge. October, 2005.
<http://www.nycourts.gov/reports/security/SecurityTaskForce_Report.pdf>.
Superior Court of California, County of San Mateo. “1999 Final Report: Courthouse
Security.” Security and the Courts Resource Guide. 1999.
<http://www.sanmateocourt.org/director.php?filename=./grandjury/1999/99courthouse.ht
ml>.
Wisconsin Supreme Court. “SCR Chapter 70: Rules of Judicial Administration Rule
70.39.” Dec 9, 2004. <
http://www.wicourts.gov/sc/scrule/DisplayDocument.html?content=html&seqNo=1072>.
the courthouse perimeter; no shrubbery where dangerous items can be secreted; ground-floor
windows that are secure from breaking and entering; doors that are invulnerable to vehicular
assault; and a comprehensive intrusion alarm system.
Items in courthouse interiors may include a screening station with magnetometers, x-ray
machines, and hand wands that will prevent people from bringing weapons or other dangerous
items into the building; armed sheriff’s deputies not only staffing the screening station but
patrolling lobbies and hallways; a command and control center that monitors a system of closed
circuit televisions (CCTVs) with cameras located in such areas as courtrooms, lobbies, and
hallways; duress alarms in place at the bench and staff work areas in each courtroom, all judges’
chambers, and all work stations behind every public counter; and circulation zones that properly
separate public from private areas. These items provide just a sampling of the tangible issues a
comprehensive security self-audit will cover.
In terms of intangible items, the self-audit should assess the existence and the content of
policies prohibiting or regulating guns and other contraband being brought into the courthouse;
critical incident plans in the event of a shooting, bomb threat, hostage situation, or when an irate
or disruptive person is on the premises; protocols for documenting and evaluating security
incidents; policies governing transport and control of in-custody defendants; policies for
conducting background clearance checks and supervising vendors and cleaning crews inside the
courthouse; specific procedures for weapons screening; and policies to control after-hours access
to the courthouse as well as to limit access to secure areas within the courthouse during business
hours. In addition to the policies and procedures mentioned above, other questions to ask about
intangibles in the course of a self-audit include the following:
• Are judges, court staff, and law enforcement officials adequately trained to handle court
security problems?
• Has the court established an appropriate governance structure (e.g., a court security
committee) by which responsibility is clearly assigned for identifying, analyzing, and
remediating security issues on a comprehensive and ongoing basis?
• Is there a strategic plan in place for paying continuing and systematic attention to security
matters?
Questions on the checklists are typically organized around broad topic areas. For example,
California’s checklist is grouped around administrative issues (policies and procedures);
perimeter (parking); building exterior (access); building interior (equipment); building interior
(public areas); building interior (restricted areas); and security staff. There should be a strong
correlation among the items on a checklist. The standard operating procedures for this topic are
set forth in Appendix A. A comprehensive checklist should encompass all of these areas and
would be a method for determining the extent to which a court has these standard operating
procedures in place.
The checklist will ask questions about tangible as well as intangible matters. The
following are examples in the tangible category: Are parking areas safe? Are street-level
windows locked or secured? Is there shrubbery around the courthouse that can be used for
secreting weapons or other dangerous items? Is there a security entry screening station at each
public entrance and is it staffed properly? If so, does the entry screening station include a walk-
through magnetometer, x-ray machine, and a wand? How many armed law enforcement officers
operate the screening station? Is there a duress alarm at every station behind every public
counter?
The following are examples in the intangible category: Does the court have current
policies and procedures on courthouse security? Does the court have protocols that address
courtroom violence, hostage situations, fires, or evacuation of individuals in case of emergency?
Are there procedures in place to identify and dispose of suspicious vehicles parked near the
courthouse?
The checklist will typically include space for specific answers (Yes or No), as well as
space for brief comments or more expansive descriptions. The form also includes the date,
name, position/title, and signature of the individual(s) conducting the audit.
There are two primary techniques to use in the course of conducting the self-audit. The
most obvious technique is simply to walk around the exterior and interior of the courthouse to
make direct observations. Much of what is in place or is missing that comprises effective
courthouse security may be visible to the naked eye. These observations can also provide good
opportunities to conduct tests where applicable. Such items as intrusion and duress alarms can
be tested to see if they are in proper working order. Doors that should be locked can be tested to
make sure they are in fact locked.
The second technique for conducting the audit is to interview those who work in the
courthouse every day. These individuals are truly the eyes and ears of courthouse security, and
they may reveal information in an interview or focus group that cannot be readily observed,
including specific security concerns. For example, some employees may say they cannot hear
the public address system in the event of an emergency. Some may report that doors that are
supposed to be locked are often kept pegged opened.
Interviews can also reveal how familiar courthouse employees are with security policies
and procedures. It is particularly important to interview frontline employees, those who deal
directly with the public, on the phone, at the front counter, in an office, or inside the courtroom.
If threats have been made, these are the employees who are most likely to have experienced
them. It may also be useful to conduct these interviews through focus groups composed of
frontline staff. These focus groups often serve to get the conversation flowing freely, uncovering
useful information.
provide a reasonable security level with respect to virtually all the topics that will be covered in
the self-audit. To address the concern that full implementation of recommended best practices in
court security may be prohibitive for reasons of cost or organizational resistance, several
nationally known security assessment teams have developed a series of steps in phases that
courts may take to achieve best practices. (See Appendix B.)
An example is weapons screening. A recommended best practice is universal entry
screening. Everyone coming into a courthouse should be screened: judges, court staff, attorneys
— everyone. Another best practice is to have at least one screening station consisting of a
magnetometer, x-ray machine, hand wand, CCTV camera, and duress alarm at every courthouse
entrance, with three armed law enforcement officers using triple-retention holsters operating
each station.
These recommended best practice guidelines may not be readily achievable because of
cost and acceptability. In that case, the recommended first phase consists of a series of steps that
may involve relatively little cost or controversy, including the designation of only one door
through which the public can enter the courthouse and, if necessary, another door permitting
judges and staff to enter at a separate, private entrance; the assignment of one law enforcement
or security officer to guard the public entrance; a table or other physical structure at the public
entrance to serve as a screening station; a screening process for the public coming into the
courthouse, which includes the use of a hand wand and the physical search of personal items
(e.g., purses and briefcases). From these first steps, there are other phases that a court may go
through before reaching the final phase of best practice, with its vision of screening everyone at a
station that contains a magnetometer, x-ray machine, duress alarm, and CCTV camera.
scenario to provide time for seeking and allocating sufficient funds to get the job done. As noted
previously, some items can be addressed at little or no cost. These include primarily intangible
items such as promulgating policies and procedures, improving communications, and sponsoring
security training. Other items may be more costly, like establishing and operating one or more
weapons-screening stations or purchasing and installing electronic access and alarmed
emergency exit systems on doors.
Postscript
Operating a program of effective courthouse security is not a one-time achievement. It is
a serious and continuous goal for a court and requires constant monitoring. Improving court
security must be a priority every day for all those interested and involved in the process. The
risks involved in courthouse operations are great and varied and may never be totally eliminated.
With proper attention, care, and support from court leadership and law enforcement officials,
risks to personal safety and security can be minimized. Successfully conducting security self-
audits and implementing remedial plans resulting from such audits can significantly assist courts
in minimizing risks and, thereby, securing access to justice.
References/ Resources
ASIS International
1625 Prince Street
Alexandria, Virginia 22314
(703) 519-6200
Fax (703) 519-6299
www.asisonline.org
Note: There are many court security experts (directors and their security staffs) who presently
work for state court administrators in administrative offices of state courts who are able to
provide technical assistance for a self-audit of a court building.
Publications
Bell, Chief Judge R. M. “Improving the Security of Our State Courts.” Arlington, VA:
Government Relations Office, National Center for State Courts. May 3, 2007.
http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=110.
Casey, P. “A National Strategic Plan for Judicial Branch Security.” Williamsburg, VA: National
Center for State Courts. 2006.
http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=80.
Fautsko, Timothy F. “Post 9/11: Are Courts Really Secure?” Annual Report on Trends in the
State Courts. National Center for State Courts. 2001.
http://contentdm.ncsconline.org/cgi-bin/showfile.exe?CISOROOT=/facilities&CISOPTR=129.
Fautsko, Timothy F. “Entry Screening – The Court’s First Line of Defense.” Annual Report on
Trends in the State Courts. Williamsburg, VA: National Center for State Courts. 2008.
http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=117.
Fautsko, Timothy F. “Taking Precautions: 101 Personal Safety Tips for Judges and Court Staff.”
Denver, CO: National Center for State Courts. 2009.
http://contentdm.ncsconline.org/cdm4/item_viewer.php?CISOROOT=/facilities&CISOPTR=143
&REC=1.
Franklin, Malcolm. “Ensuring the Personal Security of Judges.” Future Trends in State Courts
2009. Williamsburg, VA: National Center for State Courts. 2009.
http://contentdm.ncsconline.org/cgi-bin/showfile.exe?CISOROOT=/facilities&CISOPTR=147.
Raftery, W. E., ed. “Mini-Symposium on Court Security.” Justice System Journal. Vol. 28,
No.16. 2007. http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=96.
National Sheriffs’ Association (n.d.). “Physical Security Checklist, Form 1.2.1.” Trial
Court Performance Standards and Measurement System. Williamsburg, VA: National
Center for State Courts. www.ncsconline.org/D_Research/tcps/Forms/Form_1 21.pdf.
National Sheriffs’ Association and Court Officers’ and Deputies’ Association, “Court Security
Resource Guide: A Practical Guide to the Practices, Procedures and Resources Available for
Those Providing Court Security.” 2008.
This chapter covers the first two kinds of plans. Chapter 4 will discuss disaster
recovery.
Plans are essential tools in emergency management. NCSC has developed a
strategic framework for emergency management that will allow court management to
take a logical, structured, and comprehensive approach to dealing with these serious
matters. The framework encompasses six factors:
1. Management
2. Prevention
3. Preparedness
4. Response
5. Recovery
6. Training
Management
The first factor to consider is management. Leadership is the foundation for
effective emergency planning in state courts. Each chief justice (CJ) and state court
administrator (SCA) needs to set the tone for the entire judicial branch by demonstrating
a leadership commitment and by sending the message that emergency planning and
preparedness is a top priority that must be integrated into the state’s judicial culture. In
addition to policy statements and directives that emphasize this priority, a management
mechanism needs to be put in place. Chief Justices should appoint a statewide committee
to coordinate emergency preparedness efforts and recommend polices and guidelines for
the entire judicial branch. The Chief Justice should designate a chief emergency
preparedness officer to chair the committee and be the judicial branch’s point person.
Judicial districts and/or individual courts should likewise have their own standing
committees dedicated to emergency preparedness issues.
It is also extremely important for courts to coordinate their emergency and
disaster management efforts with those of other government agencies at the federal, state,
and local levels. Good emergency planning requires an enormous amount of advance
coordination among different court levels and between the courts and a host of federal,
state, and local agencies on a wide range of facility, security, law enforcement, and
emergency management issues. Unfortunately, many courts do not have a seat at the
table when state and local emergency management agencies are at the planning stage.
Nor have the state courts been very proactive in reaching out to these agencies to help
them understand how important it is to keep the courts open to address the immediate
justice needs of those experiencing disaster-related upheaval. Regular outreach and
communication with emergency management officials in the jurisdiction will help ensure
that every court is perceived and treated as a priority and integrated into state and local
emergency management networks and planning processes.
Prevention
The second factor to consider in emergency management is prevention.
Prevention efforts are designed to protect occupants and visitors in court facilities as well
as the facility itself and the property inside the facility. Steps for prevention in the area of
court safety and security are discussed in other chapters of this handbook (Element 1,
“Operating Procedures;” Element 2, “The Self-Audit of Court Facilities;” Element 5,
“Threat Assessment;” Element 6, “Incident Funding;” and Element 10, “New Courthouse
Design”). The key to prevention is performing regular and systematic assessments to
identify areas of risk within and around the court facility and then instituting a rational,
comprehensive process for mitigating those risks.
Preparedness
The third factor to consider in emergency management is preparedness. It is here
that planning becomes crucial. As indicated above, three kinds of plans may be
appropriate: emergency preparedness, continuity of operations (COOP), and disaster
recovery. Plans can be developed separately or can be made part of one overall plan.
Plans to prepare for and respond to emergencies should include at least the
following components:
• Evacuation protocols to get people to safety, notify emergency responders, and
salvage vital records and physical assets.
• A clear provision for “who is in charge.” In a crisis, command and control are
essential.
• Communication protocols to keep key staff apprised of the status of the
emergency and whether, when, and how to report. A key element is a “phone
tree” that lists who needs to be contacted first and who is responsible for
contacting whom. The phone tree should include home and cellular phone
numbers, pagers, and other contact information. Court leaders and key staff,
including security personnel, should all be provided with the current phone tree
lists ahead of time. Along with phone trees, emergency preparedness Web sites
and telephone hotlines can serve as additional means for providing staff with
necessary information.
• A system for identifying employee location and status in the aftermath of an
incident.
• A designated assembly site so that building occupants know where to go during
an evacuation.
More recent COOP planning also takes into consideration the impact a pandemic
could have on normal court operations. Although the court facility might remain intact,
normal operations could be suspended, likely for 90days or more, because — due to
quarantines, sickness, or death — there would be too few individuals to perform the
court’s work or work on which the court relies (e.g., jury duty, prisoner transporting, mail
delivery, sanitation activities, equipment repairs). Under these conditions, pandemic-
specific aspects of the COOP plan may be activated even though the court facility is not
damaged.
The National Center for State Courts (NCSC) has developed an extensive COOP
planning guide and template, which are available online at the NCSC Web site. The
guide and template were prepared by NCSC with the assistance of a national coalition of
leaders from all sectors involved in business continuity planning for courts and was
supported by the U.S. Bureau of Justice Assistance (BJA). The template provides a step-
by-step approach to help courts develop and maintain a viable COOP capability.
Disaster recovery plans, which focus on the retrieval of vital records and
information systems, are the topic of the next chapter of this handbook.
Response
The fourth factor to consider in emergency management is response. At this
point, an emergency or disaster has occurred. Now is the time to activate and implement
the plans, including relocation of essential functions to alternate sites.
Recovery
The fifth factor is recovery. This includes steps to return court staff, operations,
and infrastructure to the condition in which they were prior to the time that the
emergency or disaster occurred. This also includes the recovery of information
technology (IT) systems and data. These topics will be covered in Chapter 4 of this
handbook.
Training
The sixth and final factor to consider is training. Although this factor is presented
last, it in fact encompasses all of the prior factors, which will prove of little value unless
judges, court staff, and emergency response teams are fully trained in how they should
respond in a crisis. Training and testing of emergency plans are imperative. By testing
and practicing plans (e.g., tabletop exercises), court emergency managers can identify
gaps and strengthen plans. Further, simulated exercises help the emergency responders
rehearse so that if and when a real emergency or disaster occurs, they will be better
prepared to discharge their duties.
1
This section incorporates information from prior collaborative efforts of the ABA, NCSC, NCJFCJ
funded by the Children’s Bureau of DHHS. The entire document is on line at
http://www.icmeducation.org/katrina/Introduction.html.
oversight of those 2000 displaced children was disrupted and delayed, thus threatening
their safety, permanency and well-being. Immediately after the hurricanes and even a
year later, many children under court jurisdiction were no longer living within the
geographical jurisdiction of their court of origin.
No one anticipated the extent of the devastation caused by Hurricanes Katrina and
Rita, and many were unsure of what was expected of them in a crisis of this magnitude.
The safeguards that Louisiana and Mississippi built into their laws, policies, and
procedures did not anticipate the extent of the devastation and could not adequately
protect their children from the effects of the hurricanes.
In promoting the safety of children, courts should carefully address the following
concerns.
2
This document uses the term "dependency court" to refer to courts hearing cases involving abuse, neglect
or abandonment of children and youth. However, the provisions of this document and the responsibility of
the court would also extend to youth removed from the custody of a parent and otherwise placed in state
custody pursuant to state and federal law (specifically Title IV-E, Foster Care).
3
For example, see Jefferson Parish, (Louisiana) COOP, available at:
www.jpjc.org/WebContent/Downloads/COOP.doc.
4
Template for Assessing Status of COOP Planning: Louisiana District Courts. BJA Criminal Courts
Technical Assistance Project, American University. TA Assignment Number 4-134 (May 2010).
can adjust their individual calendars to accommodate the transfer of emergency matters
from other calendars.
The dependency court needs to identify which of the courthouse’s plans
specifically include them and which parts of the above detailed plans should be created
specifically for the dependency court. The Mission Essential Functions Template
(http://www.flcourts.org/gen_public/emergency/bin/Mission%20Essential%20Functions
%20Template.doc) from the Florida State Courts Emergency Preparedness web site
might be helpful in prioritizing court functions in the event of an emergency.
Communication
Specifically, identify and incorporate dependency court needs in the court’s
COOP:
• Ensure the ability to communicate with others in an emergency.
• Establish alternate modes of communication.
• Identify emergency spokesperson(s).
• Inform the public.
5
The New Jersey Judiciary's COOP planning includes an alternate location for hearings, communication
with the public and single sources of communication.
appointed special advocates (CASAs), foster parents, and social services agencies, and
that they in turn know how to contact the court.
While it is probably not possible for the dependency court to prepare for each and
every communication contingency, at a minimum the dependency court must be ready to
initiate some alternative modes of communication (e.g., alternate land lines, satellite
phones, Nextel-type radios, text messaging, media announcement template). Key
personnel need to know how to contact all court personnel and dependency court
stakeholders such as attorneys, foster families, and social services agencies. Having one
of these elements without the other will delay the court’s ability to perform essential
functions and resume normal operations.
Federal judicial branch COOP plan developers recommend the following actions
to support communications in times of emergency: have alternate e-mail addresses for
judges and court staff; maximize the use of available media, including e-mail, radio, TV,
and external Web sites, for both internal communications and communications to the
public; and have satellite phones charged and staff who know how to use them.
Emergency notification may be communicated through a variety of media,
including: a court emergency telephone notification system; public announcement
system; court web sites; electronic mail (e-mail); recorded telephone messages;
announcements on local radio and television stations; and in-person communication.
Multiple technologies should be employed when possible because communications
failures are inevitable in an emergency.
Emergency planning should include development of a centralized “go to” contact
for dependency court stakeholders. Such a website or phone number known in advance
can provide ready access to needed information, including the status of the emergency
plan implementation.
The court should designate one person and one alternate with authority to speak
for the court to ensure accurate and consistent information is imparted. This person could
be the same as the spokesperson for the entire court. If the media are not including
information about court operations in their briefings, other government agencies may be
willing to include the courts in their briefings. The dependency court can also print
announcements in local newspapers, use the court’s Web site, maintain an information
hotline at the court, or provide a toll-free number for the public to call for court
information.
6
In New Jersey the Division of Child Protection and Permanency and the judiciary have access to each
other’s database thereby allowing them to access case information on each child. However, the judiciary
does not have responsibility for any shelter or the location of children.
The document Ensuring the Unique Needs of Dependency Courts are Met in
Disaster Planning Efforts: Dependency Court Planning Templates for Continuity of
Operations Plans provides helpful templates for establishing a Continuity of Operations
Plan to meet the needs of children placed in state care.7
Jurisdiction
• Examine relevant law (constitutions, statutes, court rules) regarding jurisdictional
authority.
• Establish jurisdictional flexibility and continuity through statutes or court rules for
judicial emergencies.
• Pre-determine how the court will operate in an emergency, including the status of
scheduled hearings and current court orders.
7
Ensuring the Unique Needs of Dependency Courts are Met in Disaster Planning Efforts: Dependency
Court Planning Templates for Continuity of Operations Plans, National Council of Juvenile and Family
Court Judges and American Bar Association, Center on Children and the Law (2008), available at:
http://www.ncjfcj.org/resource-library/publications/ensuring-unique-needs-dependency-courts-are-met-
disaster-planning (accessed June 2012). Designed to improve data-sharing practices and thereby improve
outcomes for youth involved in the juvenile justice system, the Models for Change Information-Sharing
Toolkit includes supporting documents such as consent forms, templates, memoranda of understanding, and
recorded webinars (Models for Change, 2008). Available at:
http://www.modelsforchange.net/publications/282 (accessed June 2012).
See also: National Commission on Children and Disasters. 2010 Report to the President and Congress.
AHRQ Publication No. 10-M037, October 2010. Agency for Healthcare Research and Quality, Rockville,
MD. http://www.ahrq.gov/prep/nccdreport/ (accessed June 2012) for a full report which includes templates
and other materials.
or a different judge or (at worst) flee the area and take residence elsewhere in the state or
even the country. Reestablishing normalcy in process, services and relationships by
returning to pre-emergency conduct becomes essential for the safety, permanency, and
well-being of foster children.
Courts must balance the need for consistency in terms of places where hearings
are heard and the need to address ongoing emergencies as they occur. Courts must have
this authority and flexibility established long before the emergencies occur. In the case of
Hurricane Katrina, the federal district courts simply moved first and then sought
legislative approval of the relocation outside their assigned districts. The state courts in
many cases were not so fortunate because the state legislatures were unable to convene.
The trial courts were forced to rely on their inherent powers and issue orders themselves
or await orders as directed by their state courts of last resort.
For legal authority to address emergencies and changing conditions, the court may
be able to rely on the power granted by the constitution or statutes in terms of planning
for an emergency, functioning during the emergency and executing a recovery effort after
the event. It is important to consult the relevant state constitutional and statutory
provisions that confer jurisdiction on the trial courts that adjudicate dependency cases to
ensure court leaders know the scope of their authority to act. The lack of explicit
constitutional or statutory provisions arguably means that the court must rely exclusively
on its inherent powers or on the powers of the judicial branch in general to perform its
governmental obligation.
Some states, such as California and Georgia8 have enacted statutes that authorize
courts to take extraordinary measures in the aftermath of a disaster. Other states, such as
Pennsylvania9 have authorized similar measures through Supreme Court rule. New Jersey
8
California Code, Section 68115-68118; Official Code of Georgia Annotated, Sections 38-3-60 to 38-3-64.
The California statute authorizes the holding of sessions anywhere within the county or transferring civil
cases to an adjacent county in an emergency, “notwithstanding any other provision of law.” The Georgia
statute enables an authorized judicial officer to “declare a judicial emergency and designate an alternate
facility in lieu of court.”
9
42 Pennsylvania Consolidated Statutes Annotated, Section 931; Pennsylvania Rules of Judicial
Administration, Rule 1950-1954. The Pennsylvania statute extends the county trial courts process “beyond
the territorial limits of the judicial district.” The Pennsylvania Supreme Court rules provide for the
declaration of a judicial emergency to permit the suspension or modification of court rules by “emergency
judicial order” and designate counties to act as “emergency regional administrative units.”
also has provisions for the judiciary to maintain jurisdiction of cases in any county in the
state and to conduct hearings by alternative methods. In all of these, emergency planners
have vested considerable authority in local court leaders to take a myriad of actions that
may be necessary to keep courts functioning. Relevant to the question of jurisdiction is
how such jurisdiction will be exercised. For example, can the court operate outside its
territorial jurisdiction? Can the court hear cases on an emergency basis as a courtesy to
other courts? Do the parties need to be physically present in court for the matter to be
heard or can the court operate via video or telephone? How will orders and other
information be recorded? Where will documents be filed? How will service be made?
How will notice be provided?
Confidentiality
• Assess informational needs and confidentiality barriers.
• Collaborate with IT and stakeholders.
• Facilitate access to confidential case record information through
- statutes and court rules
- emergency credentialing
- integrated juvenile justice system, especially to facilitate recovery and
back-up
- cooperative agreements
- orders of succession / delegation of authority
10
See APHSA policy memo available at www.aphsa.org/katrina/docs/Policy-Memo-9-30-05.pdf.
Credentialing
Courts and other institutional stakeholders need to plan ahead and prepare a
policy for emergency credentialing to provide outside stakeholders with emergency
access to confidential information needed during an emergency. Disaster provisions
could spell this out to the most detailed level of guidance possible, leaving fewer
decisions to be made at the time of disaster.
Technology
Integrated juvenile justice systems which share juvenile information require a
great deal of planning and work by the stakeholders to come into existence, but the
reward is great under normal circumstances and even better in emergencies. Access to
confidential information in the integrated systems can be controlled at many levels. An
integrated juvenile justice system may allow retrieval of shared information when an
entity’s files are destroyed, lost, or temporarily inaccessible.
Technology solutions can help mitigate the effects of a disaster. A complete
electronic record, together with a comprehensive plan for backup and recovery, can make
dependency records available under disaster conditions. First, stakeholders should keep
complete electronic records which fully mirror paper records to allow for full electronic
recovery of dependency case records. It is not enough for the electronic dependency
record to consist merely of data in a case management system. Reports and other
documents should also be captured and stored in electronic form—including the
educational, psychological, diagnostic, and medical records. When disaster strikes and
11
Minnesota Rule 8 of the Rules of Public Access to Records of the Judicial Branch.
12
Colo. Rev. Stat. Ann. §19-1-303 (1998) (Appx).
access to records is compromised, the judge cannot afford to wait until the clerk can
reconstruct this vital information from the original record custodians. Next, after building
a complete electronic case record for all dependency matters, stakeholders should plan
for 100% uptime for dependency applications and document access—also known as
“24/7/365.” The plan should include replicated data, critical applications, and security
policies at a remote “hot site.” This will ensure that the application is up and running,
with current data and proper security, as soon as communications can be established from
the disaster area or neighboring region. The stakeholder community should pool
resources and work together with state government to develop hot sites to service them,
when needed. If hot sites are not achievable, at a minimum all dependency records
should be backed up to one or more remote geographical locations. Although remote data
backups may not offer expedited access in a disaster, because applications have to be
reloaded and data recovered from the backup media, they will at least preserve the record.
Cooperative Agreements
Cooperative and mutual aid agreements can be a vital resource during and after an
emergency. Mutual aid agreements and assistance agreements are agreements between
agencies, organizations, and jurisdictions that provide a mechanism to quickly obtain
emergency assistance in the form of personnel, equipment, materials, and other
associated services. The primary objective is to facilitate rapid, short-term deployment of
emergency support prior to, during, and after an incident. Agreements between agencies
may facilitate, among other things, information and resource sharing, technical support
and personnel assistance. When considered in advance of an emergency, cooperative and
mutual aid agreements may resolve confidentiality and legal concerns, cost allocation and
even liability considerations.
Dependency court administrators should consider what information and resources
could be at risk during an emergency. For example, facilities could be compromised,
court records could be inaccessible, and electronic data could be lost. Agencies within
and outside the jurisdiction may have resources that would help the court rebuild or
recreate records, and they may have facilities or equipment that would aid the court in
resuming operations after a disaster. In addition to continuation of court operations,
13
See www.mmrs.fema.gov/emergency/nims/ResourceMngmnt.shtm for more information about mutual
aid agreements as well as this document, outlining best practices and lesson learned:
http://www.homelandplanning.nebraska.edu/Documents/radioconference/moreusefulmaterials/Best%20Pra
ctice-Mutual%20Aid%20Agreements-Developing%20Agreements.pdf.
Hearings
Federal child welfare laws have been enacted to improve the quality and
timeliness of dependency case decisions. A disaster, whether it is a simple loss of power
or the total devastation of a courthouse or community, cannot be allowed to cause
extensive delays in the proceedings of dependency courts that affect the safety,
permanency, and well-being of children.
• Both state and federal law demand that courts proceed under specific and strict
timelines and the occurrence of a disaster that disrupts court operations will not
necessarily excuse states and courts from meeting such timelines.
• Aside from legal requirements, meeting the deadlines and avoiding long
interruptions in child abuse and neglect cases is critical due to the child’s sense of
time and need for permanency (Resource Guidelines, 1995; Flango, 2001).
The Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 620-629,
470-477, as amended by the Adoption and Safe Families Act (ASFA) necessitates more
timely, decisive, and substantive hearings, and more frequent court and administrative
case reviews. These include:
• Reviews at least once every six months
• Permanency hearings at least once every 12 months
• Petitions for the termination of parental rights by the time a child has been in
foster care for 15 of the most recent 22 months
Other legal deadlines commonly found in state statutes or court rules include:
• Deadlines for hearings to determine whether to continue children’s emergency
removal from home—state laws set deadlines mostly ranging from 24 hours to
five days after removal.
• Deadlines for filing child abuse or neglect petitions—state laws set deadlines
mostly ranging from the date of the emergency removal hearing to two weeks
afterward.
• Deadlines for the completion of the hearing to decide whether the allegations of
the petition are true (most typically called the “adjudication,” “fact finding,” or
“trial”) to enable the court to assert its authority over the child. (Deadlines often
range from ten days after removal to 90 days after removal.)
• Deadlines for the completion of the hearing to decide whether the state will be
given custody of the child for placement into foster care—for children already
removed from home, state laws impose deadlines ranging from 10 to 30 days after
adjudication.
• Deadlines for the completion of termination of parental rights proceedings
(TPR)—state laws setting deadlines for TPR are frequently complex but often
require the completion of TPR as early as within five weeks after the filing of the
TPR motion or petition.
The following are some key types of information that should be gathered before each
hearing:
• The current location of the child and with whom the child is living.
• The current safety and protective arrangements for the child.
• Which parties and agencies have visited the child and currently have access to the
child.
• The extent to which the child’s needs are being met, including services previous
ordered, services currently provided for the child, services arranged, and when
arranged services will be provided.
• Services previously ordered for the parents, services currently provided for the
parents, services arranged, and when arranged services will be provided.
• How, when, and where will any visitation with the parent and sibling(s)
commence.
• If applicable, how and when the child will return to school.
• If applicable, how and when the child will return to the child’s prior placement.
• If applicable, how and when the child will return to the court’s jurisdiction.
Templates
In addition to the “Mission Essential Functions Template” referenced above, the
reader may find the following templates useful:
• The Employee Directory Template at the Florida State Courts Emergency
Preparedness Web site may be helpful for creating directories of contact
information
(http://www.flcourts.org/gen_public/emergency/bin/Employee%20Directory%20
Template.pdf).
• University of Virginia Library Disaster Preparedness and Recovery Plan. Online
March at http://www2.lib.virginia.edu/preservation/disaster/disaster-plan-
2005.pdf,
• COOP Plan Template Instructions. Washington, DC: Federal Emergency
Management Agency.
http://www.fema.gov/pdf/about/org/ncp/coop_multi_year_plan_guide.pdf
• Emergency Preparedness Templates. Florida State Courts:
http://www.flcourts.org/gen_public/emergency/templates.shtml
• http://www.9-11summit.org
• Memo of Understanding, whereby a county/parish will provide emergency space
to a court. See template attached as Appendix F, modeled after a MOU utilized
by the Juvenile Court in Jefferson Parish, Louisiana.
References/Resources
American University School of Public Affairs. “Guidelines for Pandemic Emergency
Preparedness Planning: A Road Map for Courts.” 2007.
http://www.ojp.usdoj.gov/BJA/pandemic/Pandemic_Road_Map.pdf.
Bomb threat reporting forms are available on the Web site of the Department of
Homeland Security.
http://www.dhs.gov/xlibrary/assets/ocso-bomb_threat_samepage-brochure.pdf
Note: Bomb threat reporting forms are also available from court security and emergency
preparedness directors at state court administrative offices (AOC), e.g., Florida,
California.
Bureau of Justice Assistance and Center for Disease Control. “A Framework for
Improving Cross-Sector Coordination for Emergency Preparedness and Response –
Action Steps for Public Health, Law Enforcement, the Judiciary, and Corrections.” 2008.
http://www2a.cdc.gov/phlp/EmergencyPrep.asp.
COOP Planning. “Maintaining the Rule of Law – Planning for a Pandemic within an All-
Hazards Context.” Williamsburg, VA: National Center for State Courts and State Justice
Institute.
http://riz0ep.rmxpres.com/riz0ep/viewer/?peid=38a092eb-9c0b-41b1-88eb-
8e3e97dc0f55.
National Center for State Courts. “Continuity of Court Operations: Steps for COOP
Planning.” September, 2007.
http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=75.
Ortwein, Carolyn E. “A Road Map for the Design and Implementation of a State Court
Emergency Management Program.” Williamsburg, VA: National Center for State Courts.
http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=119.
The Supreme Court of Ohio Advisory Committee on Court Security and Emergency
Preparedness. “Court Continuity of Operations (COOP) Program Guide.” 2009.
http://www.sconet.state.oh.us/Boards/courtSecurity/COOPGuide.pdf.
clear who has the responsibility and authority for disaster-recovery planning for both
electronic and hard copies of the court’s records. It is important that this responsibility
not be assigned exclusively to the IT department. Users of technology within the courts
have the most at stake in the continued availability of information, and, therefore, users
of technology and those involved with the preservation of hard copies of records must
play a significant role in planning and conducting information recovery.
5. Budget and resources: A disaster recovery plan needs to be realistic and have the
staff and funds available to enable recovery to take place within reasonable
timeframes.
References/Resources:
“Disaster Recovery Planning for Courts: A Guide to Business Continuity Planning.”
Williamsburg, VA: National Association for Court Management.2000.
http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=0
“Records and Document Recovery Techniques.” Florida State Library and Archives.
http://dlis.dos.state.fl.us/DisasterRecovery/records_and_document_recovery_techniques.
pdf
02 (2007). http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=104
Diamond, Cindy. "Disaster Planning for Data Security." Practice Innovations 3, No.
1. March 2002.
http://west.thomson.com/pdf/iii/PractInnovMar02.pdf
There are two important factors to consider in assessing a threat against a judicial
officer. First, judicial officers and court staff are good sources of significant intelligence
about the suspect. Since virtually every threat emanates from a court case, the subject
can provide important details about the case. Also, court records can be reviewed and
may reveal clues about the issues and motive underlying the threat.
The second factor to bear in mind is that the suspect understands that the court has
the potential to cause him harm. In the suspect’s mind, the threat may be a defensive
reaction prompted by some action by the court. The court may adversely affect the
suspect’s freedom or property. A restraining order can preclude contact with a spouse or
children. Knowing the nature of the suspect’s involvement with the court can shed
important light on the suspect’s motivation.
holding a security briefing with the subject to more aggressive measures such as
providing the subject with a security detail or even incarcerating the suspect.
Additional management strategies may include mental health commitments
through the use of certified professionals. Long-term monitoring of the suspect, while
costly, may be the only method to evaluate the danger he poses. Short-term monitoring is
also part of the "watch and wait" strategy. Use of a Temporary Restraining Order (TRO)
in certain circumstances may be appropriate. When using a TRO, the suspect must be
personally advised of the conditions and consequences of violating the order.
All possible management strategies should be considered in light of the details of
each case. The appropriate strategy is one that best fits the risks identified in the
assessment and investigation. Some cases may only require that a briefing be given to
subjects in order to increase their awareness and allow them to take some basic
precautions. Other cases will require more aggressive strategies, up to and including
incarcerating suspects.
reporting threat information will serve to make such information available in an accurate
and timely fashion.
Incident Tracking
Chapter 6 of this handbook will cover the topic of incident reporting. That topic
interrelates with this topic of threat assessment. On the one hand, incident reports need to
be regularly and systematically analyzed to see if they contain any indication of current
possible threats against judicial officers. On the other hand, once a threat is received, the
name of the suspect should be checked against information in incident reports on file to
see what, if any, problematic behavior the suspect may have displayed in the past. These
interrelationships can be best managed when one or both of the two systems (i.e., threat
assessment and incident reporting) are automated. But even a good index card system
can be helpful in providing the necessary information.
Conclusion
Threats made against judicial officers can seriously interfere with the business of
the courts. While such threats cannot be eliminated, they can be effectively identified,
assessed, investigated, and managed. A thorough, all-encompassing process for doing so
can minimize the negative impact that threats have on the judicial system. A solid
process can also potentially save the life of a judge.
References
Calhoun, Frederick S. and Stephen W. Weston. “Defusing the Risk to Judicial Officials:
The Contemporary Threat Management Process.” Alexandria, VA: National Sheriffs`
Association. 2001.
http://www.sheriffs.org/coda/CourtSecurityResources.asp
Corcoran, Michael H., Ph.D. and James S. Cawood. “Violence Assessment and
Intervention: The Practitioners Handbook.” CRC Press LLC. 2003.
For on-line information on the evaluation tools discussed in this chapter, see
HRC http://www.violence-risk.com/hcr20annotated.pdf
Rage V: http://downloads.workplaceviolencenews.com/rage-v.pdf
SARA: http://www.violence-risk.com/risk/instruments.htm
Violence Assessment Grid: http://downloads.workplaceviolencenews.com/rage-v.pdf
before installing some level of incident reporting. It is more important to begin with a
manual, hardcopy system rather than wait.
The standardized incident reporting form should be user-friendly to assist the
preparer in promptly providing essential information with relatively little effort. A check
box or checklist format can substantially simplify the process. As noted in NCSC's 2005
Security Summits I and II reports, it is advisable to identify only those pieces of
information that are necessary. The tendency to collect too much information about an
incident will often reduce "user friendliness" of a form and will create reluctance to use
the form, which can result in the collection of only minimal information regarding
incidents.
In the case of a bomb threat, for example, it is useful to have a specific format
available at the desk of every staff person who receives phone calls from the public. (See
Reference/Resources at the end of Chapter 3.) The form will serve to carefully guide the
staff person into recording as much relevant and helpful information about the threat as
possible.
There seem to be two schools of thought about verification and review of incident
information. One approach is to have an eyewitness to an event promptly and
independently fill out an incident report form and transmit it to a designated court
administrator or law enforcement agent for inclusion in the paper-based repository or
electronic database. In such circumstances, the form will be referred to the proper
security official for follow-up, but there will be no official approval or editing of the
form. This approach is based on the belief that it is better to capture more information
quickly and directly from the person who witnessed the security event.
On the other hand, there are those who believe a security incident reporting form
should be subject to oversight or approval before the information is officially transmitted
for inclusion in the database and/or forwarded to a responsible official for follow-up.
Upon receipt, the supervisor would review the document as soon as possible and, where
necessary, follow up with the sender to offer assistance and ascertain that the information
provided is understood and that no significant details have been omitted. This approach
is based on the belief that it is better to restrict incident reporting to those persons who
have received appropriate training regarding what incidents and related information
should be entered into the database. Proponents also contend that this approach promotes
greater accuracy and consistency.
Regardless of the specific approach that is chosen, it is recommended that a
trained court security officer or law enforcement supervisor should always be involved in
any incident worth reporting to make sure information is documented and saved
correctly.
There should also be a clear policy about who has access to the security incident
reports and whether they will contain any personal identifiers. Given the sensitive nature
of the information and its relevance to law enforcement, restricted access is advised.
Timely transmission of the reports is important. There should be a specified time
from the occurrence and reporting of the incident to the completion and submission of an
incident report. Also, recipients of the reports should be clearly identified. Appropriate
recipients may include court administration (state and local), the local or state security
committee, facility management, and law enforcement.
During the NCSC Security Summits I and II, there was discussion about the
importance of providing feedback to the person who gave information about a security
incident. Such feedback could include an acknowledgment that the information was
received and how the security matter was addressed. New Jersey, for example,
institutionalized an "acknowledgment and determination" process in its security incident
reporting system. Also, in Pennsylvania, once a report is received, security staff will
contact the individual who processes the report and determine if any assistance is needed.
All users of the incident form need instruction on the importance and mechanics
of reporting. Although a user-friendly form can be substantially self-explanatory,
assistance can promote the form's effectiveness. Pennsylvania, for example, provides
court staff with an explanatory preface to the state’s security manual's section on incident
reporting, which contains a list of illustrative scenarios highlighting the nature of a
reportable security incident. Educational security programs could include a segment on
how to report a security incident. Training is especially important if reporting is done
electronically.
In designing and implementing a security incident reporting process, it is
important to invite and receive feedback from those with special interests and insight.
Finally, there is an ongoing effort by the NCSC and others to create a model
standardized incident reporting form that will be used by all state courts. Such a model
form would facilitate and improve statistical reporting on security nationwide.
References/Resources
Note: Incident reporting forms for Pennsylvania and New Jersey Administrative Office
of Courts are available on their Web sites or by contacting the states’ judicial department
directors of court security.
14
Casey, Pamela. A National Strategic Plan for Judicial Branch Security. p. 8 (2006).
targeted to assess and enhance state court security, ensure that state and local courts are
eligible to apply directly for discretionary federal funding, and ensure that state courts are
included in the planning for disbursement of federal funding administered by state
executive agencies.15
Mary McQueen, president of the National Center for State Courts, testified to a
House committee on the importance of a Threat Assessment Database and a mechanism
to ensure uniform collection of data and data-sharing among states. She also asked the
committee to consider funding for the NICS Improvement Act, which would provide
grants to state and local courts in reporting mandatory data to the National Instant
Criminal Background Check System (NICS).16 Although the House did not include the
requested funding, its report accompanying the bill urged the Department of Justices’
Bureau of Justice Assistance to devote resources to the problem of courthouse violence.
15
Bell, Robert W. Written Testimony on Improving Security of Our State Courts. 7 (2007).
16
Testimony by Mary McQueen to the House Committee on Appropriations, Subcommittee on Commerce,
Justice, Science, and Related Agencies. April 2, 2009.
17
Raftery, William. Gavel to Gavel. February 15, 2007.
18
Judicial Council of California. Recommendations on Trial Court Security Funding Standards and
Methodology. p. 3.
A LEXIS search of all state codes, state constitutions, court rules, Advanced
Legislative Service (ALS), and legal periodicals reveals how the following states fund
their court security efforts:
Arkansas
Arkansas has created a central fund for court security, which is distributed by the
Administrative Office of the Courts.19
California
California assesses a $20 fee for any criminal conviction, which is disbursed into
the security fund for state courts.
Colorado
Colorado created a court security cash fund commission and assesses a $5 fee on
most civil actions, criminal convictions, probate filings, and traffic infractions.20
Note: There have been attempts to divert monies from this fund to the general
fund for unspecified reasons.21
Delaware
Delaware imposes court assessment fees of up to $10 on civil filings and each
criminal, traffic, or delinquency charge where there is a conviction or finding of
delinquency or responsibility.22 These monies are then deposited in a court
security fund and maintained separately from the general fund.
Illinois
Illinois allows jurisdictions to impose a court services fee for civil actions and in
convictions of criminal, local or county ordinance, traffic, and conservation
cases.23
Maine
Maine created a courthouse security fund under Supreme Judicial Court control. It
consists of all money appropriated or allocated for inclusion in the fund from
whatever the source.24
Mississippi
Mississippi has created a state court security systems fund, and monies deposited
into the fund are used by the Administrative Office of the Courts for court
security.25
19
For the coming year, $361,043.00 has been appropriated; 2009 Ark. ALS 1499.
20
C.R.S. 13-1-201 (2008); C.R.S. 13-1-204 (2008).
21
2009 Colo. SB 208; 2009 Colo. SB 279.
22
10 Del. C. § 8505 (2009).
23
55 ILCS 5/5-1103 (2009).
24
4 M.R.S. § 58 (2008).
25
Miss. Code Ann. § 37-26-9 (2008).
Montana
Montana courts apparently receive funding from the legislature. Chief Justice
Mike McGrath reported that recently $300,000 was appropriated for courtrooms
in Montana.26
Nevada
There is proposed legislation in Nevada allowing a filing fee of not more than $20
to be assessed for court security efforts.27
New Mexico
County commissioners are responsible for court security.28
Oklahoma
Oklahoma assesses a courthouse security fee of $10 for criminal actions.29
Oregon
Oregon’s counties maintain a court security account for providing security
services.30 Courts’ fees are assessed in a range of $3 - $7.31
Note: There has been an attempt to divert funds from the State Courts Facilities
Security Account to the general fund for some unspecified reason.32
Pennsylvania
Since 2004, Pennsylvania has dedicated a separate line item in the state’s judicial
budget to support court security (programs, equipment, services, and training).
Tennessee
Tennessee assesses a $2 fee on criminal cases to be deposited into the county
general fund for courtroom security.33
26
34 Montana Lawyer 18 (November 2008).
27
2009 Nev. ALS 443.
28
N.M. Stat. Ann. § 4-41-16 (2008).
29
28 O.S. § 153(E).
30
ORS § 1.182 (2007).
31
ORS § 137.309 (2007).
32
2009 Ore. SB 581.
33
Tenn. Code Ann. § 8-21-401 (2009).
Texas
Texas assesses a court fee of from $3 to $5, depending on the criminal offense,
for court security purposes.34 The county commissioners can authorize civil filing
fees of from $1 to $5 ($20 in Webb County) for court security purposes.35
Utah
Utah has created a restricted account within the general fund known as the Court
Security Account.36 A security surcharge of $25 is assessed in all courts of record
on all criminal convictions and juvenile delinquency judgments.37 In addition to
any fine, penalty, forfeiture, or other surcharge, a security surcharge of $32 shall
be assessed on all convictions for offenses listed in the uniform bail schedule
adopted by the Judicial Council, and moving traffic violations, of which 25
percent of that amount is to be deposited into the Court Security Account.38 The
Court Security Account also gets $15 of civil filing fees.39
Note: A Recent Utah House bill is trying to increase the fee amount.40
Virginia
Any county or city, through its governing body, may assess a sum not in excess of
$10 as part of the costs in each criminal or traffic case in its district or circuit
court in which the defendant is convicted of a violation of any statute or
ordinance.41
West Virginia
West Virginia has created a special revenue fund known as the Court Security
Fund, within the Department of Military Affairs and Public Safety, which is
chaired, by statute, by the supreme court administrator. The Court Security Fund
may receive any gifts, grants, contributions, or other money from any source that
is specifically designated for deposit in the fund.42 West Virginia assesses $5 on
each civil filing fee to be deposited in the Court Security Fund43 and $5 on each
criminal case.44
34
Tex. Code Crim. Proc. art. 102.017 (2009).
35
Tex. Gov't Code § 101.0615 (2007).
36
Utah Code Ann. § 78A-2-602 (2008).
37
Utah Code Ann. § 78A-2-601 (2008).
38
Utah Code Ann. § 78A-2-601 (2008).
39
Utah Code Ann. § 78A-2-301 (2008).
40
2009 Ut. HB 455.
41
Va. Code Ann. § 53.1-120 (2009).
42
W. Va. Code § 51-3-14 (2008).
43
W. Va. Code § 50-3-1 (2008).
44
W. Va. Code § 50-3-2 (2008).
For states not listed above, general court security funding is part of the general judicial
appropriation by the legislature. In New York, for example, funds for court security are
allocated in the proposed annual judiciary budget request.45
http://data.opi.mt.gov/bills/2009/billpdf/SB0191.pdf
References
45
New York State Unified Court System. “The Task Force on Court Security: Report to the Chief Judge
and Chief Administrative Judge. ” p. 4 (2005).
46
American Judges Association, Court Security Survey Report. 1997. Available at
http://aja.ncsc.dni.us/Old%20Website/Ctsecurity.html
47
From chart in National Summit on Court Safety and Security Follow-Up Meeting Participant Book
(2005).
are required to operate this device, and the convenient simplicity provides for easy
operation. The hand wand has become a vital tool in successful screening processes at
courthouse entrances around the country. The cost of a handheld metal detector is about
$150 to $300 for the most popular brands. These battery-operated units typically have a
long life and in most cases come with a full two-year warranty.
The next basic piece of equipment in access screening is a walk-through metal
detector known as a magnetometer. Magnetometers fall into two categories: single-zone
detection and multi-zone detection. When a person walks through a magnetometer with a
concealed weapon located at his ankle, both the single- and multi-zone magnetometers
will detect the weapon. The difference between the two is that the multi-zone detector
will pinpoint the location of the weapon on either the individual’s left or right side. More
advanced multi-zone detectors will also pinpoint the specific location from head to toe.
Pinpointing the location of the weapon quickly is important so that court security officers
can respond swiftly. When scanning a large volume of individuals, a multi-zone
magnetometer will facilitate processing the public through the screening station more
quickly.
Modern walk-through magnetometers are easy to set up and operate. Most units
come with a detailed manual and instructions. Digital electronics are easily adjusted
through a touch pad and LCD display. The magnetometers come with factory preset
programs, but they can also be adjusted for specific locations or for the type of object
screening officers are trying to detect. Based on the level of sensitivity selected, the
detector can be adjusted to locate various targets.
Controlling the flow of traffic is an important consideration when setting up
magnetometers in screening stations. It is a good idea to have a basket or tray next to the
magnetometer where individuals can place metal objects, because it is important that
watches, coins, keys, and other large metal objects are removed before walking through
the detector. The better organized the screening station is, the better the through-put will
be.
The cost of walk-through magnetometers for court operations varies from a low of
$2,000 up to $12,000 or more for the most advanced models. It is important to note that
buying in bulk can save a significant amount of money when acquiring magnetometers.
Duress Alarms
Duress or panic alarms are essential components of any effective court security
program. A duress alarm button may be portable or may be mounted in a strategically
ideally located at a security command and control center. Various kinds of sensors are
connected to the control panel from locations around the court perimeter.
There are alarm sensors for two basic types of protection: perimeter and interior.
Perimeter protection sensors are located at the vulnerable entry points of the court such as
doors and accessible windows. These perimeter protection sensors include magnetic
contacts and glass break sensors. Interior sensors detect motion inside the courthouse.
One example is the passive infrared detector (PIR), which detects motion through body
heat. Smoke and fire detectors are other types of interior protection, usually located high
on inside walls or ceilings.
When a sensor reports a signal to the control panel, it analyzes the report to
determine which sensor is reporting and whether the problem is an intruder, fire, or an
emergency of some other kind. After this quick analysis, the control panel can sound an
alarm or siren alerting security officers that a problem has occurred. The unit can
activate lights and can alert a 24-hour monitoring service, which can then verify the
alarm and dispatch police, fire, or medical help, as necessary. Typically, the monitoring
service is notified by a digital message sent over regular telephone lines.
Determining the project cost for a complete integrated intrusion alarm system for
a courthouse or court complex can be a challenge, but it is well worth the effort for a
good security program. Costs will encompass all the components, from the control panel
to each sensor or detector at entry points as well as the electrical wiring necessary to
bring everything together in a comprehensive security command and control center for
monitoring. As with every major purchase, the quality of the equipment and the volume
of work required to complete the system should be put into an RFP for qualified vendors.
Access Cards
The next process in enhancing courthouse security is the purchase of a
computerized, identification-card access control system. A card access system is vital to
providing a secure courthouse for judges, staff, and the public. Restricting access to the
courthouse at specific entry points to authorized people only is the purpose of this
technology. A well-managed card access system will virtually eliminate the need for
keys, which can be lost, stolen, or copied. Keypad systems are less effective because
The security command and control center for court operations provides a central
hub, usually a room on site dedicated to this security function, where the electronic
systems described above are monitored. Information gathered there can be used to
handle many challenges that a court faces, including fires, vandalism, burglary, robbery,
loitering, high-profile trials, inclement weather events, and power outages. Rather than
providing bits and pieces of information, electronic security can be designed to provide a
total picture within the court facility.
In order to get the most from a security system, it needs to be used properly. A
comprehensive and ongoing training program is fundamental to meeting this challenge.
All of the equipment discussed in this chapter is intended to protect people and
property, while at the same time provide public access to an open judiciary. This balance
is not easy to maintain. A security industry resource for equipment and related costs is
the Security Industry Buyers Guide, which is published annually and available online at
www.sibgonline.com. It is the most current, comprehensive database of security
products and services in the industry. Comprising more than 3,000 manufacturers and
suppliers of security products and services, the SIBG fully categorizes the available
resources of the security industry from the most elemental tools to its most advanced
technology.
References
American Society for Industrial Security
<http://www.asisoline.org/>.
Chapter 9: Resources/Partnerships
While in the final analysis courts may have ultimate responsibility for courthouse
security, it is a responsibility that cannot be successfully discharged by courts alone.
Courts on their own do not have the capacity or resources to address their own security
needs fully. Cooperation and coordination with a host of other organizations are
imperative. Other organizations have a shared interest in courthouse security, or they
have the capacity to provide resources to help make courts more secure, or they have
both.
According to Zygmont Pines, state court administrator for Pennsylvania and co-
chair of the CCJ/COSCA Committee on Court Security, “We need to build a culture of
collaboration that will create a mutually supportive network of information and
assistance. From my vantage point, collaboration needs to take place on many levels.”
• Local – within the facility itself, with broadly representative standing committees
on security and with law enforcement, executive, and legislative leaders
• Regional – with colleagues and partners who can provide guidance on common
issues or support in the event of a debilitating incident
• State – with court leadership, executive-level committees on security and disaster
planning, the legislature, and state police
• National – with the Department of Homeland Security, Congress, and various
associations and organizations such as the National Sheriffs' Association and
National Center for State Courts
wide range of support and services to municipal, city, county, state, federal, and
international jurisdictions related to the security operations of their respective court
systems and protection of members of the judiciary and extended court family.
The National Center for Judicial Security Fellowship Program (NCJSFP) is
designed to afford a professional opportunity to state, local, and international court
security managers to train and serve with USMS counterparts in all facets of the USMS
program and experience high-level executive protection and security operations in the
Fortune 1000 private sector. The Judicial Security Fellow will participate in joint
training with court administrators at the National Center for State Courts in
Williamsburg, Virginia, in areas such as coordination of public and media relations in
high-visibility trials, coordinated approaches to policy and procedures implementation,
consolidated training for clerical staff in security awareness and response procedures, and
working with the judiciary.
to courts. For example, after September 11, 2001, the New York judiciary worked with
various partners to assist families and provide court-related information to the public. It
also designated one or more officials to work full-time at the New York City Office of
Emergency Management and with the New York City Court — Terrorism Task Force. In
some states, the need for additional personnel is recognized by state law. For example,
Kentucky provides for compensation of local police when used for court security.
events, community meetings, etc.), it may take some effort to change attitudes concerning
security. A rural sheriff once explained the effect of public attitude in his community
where everyone knew everyone by name. He believed that he could probably impose
some stricter security, but there would probably be an acceptable limit to what he could
do. Collaboration and communication with stakeholders and the court’s community are
important in fostering awareness and promoting change.
References/Resources
Allegheny County Bar Association. “9 Lawyers.” The Bar Journal. 2007.
Bureau of Justice Assistance and Center for Disease Control. “A Framework for
Improving Cross-Sector Coordination for Emergency Preparedness and Response –
Action Steps for Public Health, Law Enforcement, the Judiciary, and Corrections.” July
2008.
http://www2a.cdc.gov/phlp/EmergencyPrep.asp.
Casey, Pamela. “A National Strategic Plan for Judicial Branch Security: Prepared for the
National Center for State Courts and the National Sheriffs’ Association.” Williamsburg,
VA: National Center for State Courts. 2006.
http://solutions.ncsconline.org/Recommended_strategies_Appendices_Final_Report_2-7-
061.pdf.
New York State Unified Court System. “The Task Force on Court Security Report to the
Chief Judge and Chief Administrative Judge.” 2005.
http://www.nycourts.gov/reports/security/SecurityTaskForce_Report.pdf.
New York State Unified Court System. “The Task Force on Court Security: Report to
the Chief Judge and Chief Administrative Judge.” p. 15. 2005.
http://www.nycourts.gov/reports/security/SecurityTaskForce_Report.pdf.
New York State Unified Court System. “The Task Force on Court Security: Report to
the Chief Judge and Chief Administrative Judge.” p. 41. 2005.
federal and state levels. While security is only one of many elements to consider, it is
clearly a critical one.
Exterior Security
According to the U.S. Courts Design Guide (USCDG) exterior security includes
considerations of site, parking, lighting, access control at building entrances, and
intrusion-detection/alarm systems. Specifically, the USCDG provides requirements for
• Site – building setback, landscaping, site lighting, separation of vehicle
circulation, and closed-circuit television (CCTV)
• Parking – restricted and separate parking for judges, employees, and visitors
monitored by CCTV cameras
• Building Perimeter – intrusion-detection system, windows, emergency exits, and
CCTV cameras
• Building Entrances – public entrance, employees’ entry, judges’ entry, and the
loading dock
In addition to the specific guidelines on site security contained in the USCDG, the
General Services Administration’s Site Security Design Guide provides an in-depth look
at this issue, including the principles underlying the effort, the tools that are available to
designers, and a hypothetical test case where the principles and tools are applied. The
authors acknowledge the complexity of site security issues and cite the following
challenges for building designers: “determination of threats and vulnerabilities, which
remain difficult to predict; decisions about what to protect, which may be fraught with
emotion; and selection of countermeasures, which are often extremely expensive.”
The Site Security Guide advises that in order to balance aesthetic goals with
security requirements, both the emotional and technical arguments about security must be
considered, and the most acute needs must be addressed while being mindful of available
resources. Successful site security design projects should adhere to four principles:
The California Trial Court Facilities Standards also stress the importance of risk
assessment and strategic approaches to site security design and recommend applying
Crime Prevention through Environmental Design (CPTED) principles in site and building
master plans in the early phases of architectural and landscape design. The standards cite
three basic CPTED strategies:
• Natural surveillance — The placement of physical features, activities,
and people in such a way as to maximize visibility, thus preventing the
opportunity of crime (e.g., proper placement of windows overlooking
sidewalks and parking lots, using transparent vestibules at building
entrances to divert persons to reception areas, etc.). This strategy can be
supplemented with the use of security and police patrols and the
application of CCTV cameras.
various federal buildings are presented to allow designers to see the application of the
concepts in various contexts. The authors caution that many factors will effect design
decisions made in this area, including assessment of risks and vulnerabilities.
Interior Security
Under the USCDG, interior security includes personnel security, security of
property and documents, access control to interior spaces, personnel movement and
circulation controls, security aspects of spatial arrangements, and the coordination and
integration of security and fire and life safety requirements.
Physical separation of public, restricted, and secure circulation systems is an
essential element of courthouse security design, and the integrity of each circulation
system must be maintained for all functions within the court facility. The USCDG
specifically cites the importance of (1) providing judges with a means to move from
restricted parking to chambers, courtrooms, and other spaces through restricted corridors;
(2) providing jurors with a means to move between floors on restricted-access elevators
without crossing public spaces or secure prisoner corridors; and (3) providing a means for
security personnel to move prisoners from the vehicle sally port into central holding
facilities and to holding cells adjacent to trial courtrooms without passing or entering
public or restricted spaces.
Life-safety protection systems and emergency egress requirements are prescribed
by standards found in federal, local, and international building, fire, and electrical codes.
The USCDG advises that a fire and life safety system should be equipped with an
emergency evacuation system (EVAC) regardless of the number of occupants or floors.
And recently it has been recommended that an automated external defibrillator (AED) be
centrally located on each floor of court buildings.
When activated, intrusion detection systems, duress alarms, and other internal
alarm systems in a courthouse should electronically report to a central command and
control center.
The USCDG also contains guidelines on specific security measures for
courtrooms, spaces associated with courtrooms, judges’ chambers, jury facilities,
libraries, clerks’ offices, and court-related offices such as administration. These
guidelines outline what each of these spaces requires in terms of entry, type of windows,
CCTV, security alarms, and other measures as appropriate to its function.
As a final thought in planning state courthouses, consideration should be given to
designing additional security measures when warranted by specific kinds of cases. For
example, domestic relations cases involving potentially volatile issues of divorce and
custody have been statistically demonstrated to pose special security challenges.
Courtrooms can be designed for such cases that include additional physical barriers and
other means of providing extra security.
Hardenbergh, D. et al. “The Courthouse: A Planning and Design Guide for Court
Facilities.” Williamsburg, VA: National Center for States Courts. 1998.
Judicial Conference of the United States Courts. “U.S. Courts Design Guide.”
Washington, DC. 5th ed. 2007.
http://contentdm.ncsconline.org/cgi-
bin/showfile.exe?CISOROOT=/facilities&CISOPTR=113.
U.S. General Services Administration (GSA). “The Site Security Design Guide.”
Washington, D.C.: Public Buildings Service, Office of the Chief Architect. 2007.
http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_BASIC&contentId=23429
.
U.S. General Services Administration (GSA) and U.S. Marshals Service. “Design
Notebook for Federal Building Lobby Security.” Washington, DC. 2007
Utah Judicial System. “Master Plan for Capital Facilities.” Salt Lake City, Utah:
Administrative Office of the Courts. Vol. II. January 2008.
http://www.utcourts.gov/admin/facilities/Section-II.htm.
Appendix A:
1. Parking areas
Parking should be secure, reserved, separated, and unidentified for judges, staff,
jurors, and those subject to special security risks.
Judges and staff should have direct access to secure corridors and elevators from
the parking area. (See Michigan.)
Vehicles should not have any features identifying the owner.
Escorts or shuttles from the parking area to the facility should be available and
provided on an as-needed basis for those with special security needs.
Parking areas should be sufficiently illuminated and patrolled.
Security in these areas can be augmented by posting of emergency telephone
numbers, placement of emergency phones, CCTV cameras, panic/call stations,
assigned security personnel, entrance booths with guards, intrusion/detection
devices, space assignments and design, passive/active physical barriers, card keys,
and landscaping. (Wisconsin)
6. Loading docks
Protocols should be developed for on-site deliveries (e.g., requiring identification
of drivers, advance notice of deliveries, assigned personnel and equipment to
screen deliveries and packages). (See Delaware.)
If there is a separate entrance for judicial officers, the court's protocol should
strictly prohibit admittance by any unauthorized persons.
Items (such as purses, backpacks, briefcases, bags, boxes, laptops, CD players,
cell phones, pagers, radios, etc.) should be subject to the screening process.
Screening stations should consist of a metal detector, x-ray machine, and
sufficient personnel to operate the equipment and conduct screening.
Ohio, for example, recommends at least one portable walk-through magnetometer
and one handheld magnetometer with a trained security person. The preferred
security practice is to have three personnel at each security screening post: one to
operate the machine, one to check persons who set off a detecting device, and a third
person who can provide back-up in the event of an emergency or need for additional
screening procedure. (For example, see "Gaining Access to Courthouse Security,"
Courts Today, pp. 34-37, Jan-Feb 2005.)
There should be clearly written, visible signage at the entrance indicating the
court's screening policies and list of prohibited items.
Signage operates as a deterrent.
6. After-hours operations
After-hours access to the facility should be limited and supervised.
Security protocols (e.g., single access point, screening, and identification) should
be employed on a 24/7 basis. (See New Jersey and Michigan.)
There should be continuous monitoring of all access points.
7. Weapons policy
Every facility should have a clear and strictly enforceable weapons policy, one
that also addresses possession of weapons by law enforcement officers in the
facility and courtrooms.
The New York security taskforce recommended that all firearms carried by uniformed
on-duty personnel be secured in safe and serviceable holsters with a safety rating of
Level III and that all court clerks authorized to carry firearms should be required to
use holsters with covered trigger guards and snap enclosures that securely attach to
their belts and to wear their uniform blazers at all times. Many states prohibit law
enforcement officers (when acting outside the scope of their employment) from
bringing weapons into a court facility. The carrying of weapons in a court facility is
a difficult practical, political, and policy issue for many jurisdictions. Some states
address the issue statutorily. In a 2005 survey conducted by the Delaware
Administrative Office of the Courts, the overwhelming majority of responders
indicated there was no formal court policy governing whether judges are permitted
to carry guns in the court facility. Some states (e.g., South Carolina and Kentucky)
apparently permit. Rhode Island and Allegheny and Berks counties in Pennsylvania
reportedly have a zero tolerance weapons policy for court facilities. (Also see
Michigan, Ohio, New Jersey [which exempts judges from weapons screening], and
Alabama.)
All personnel authorized to carry firearms in court facilities should be required to
pass a qualified certification program successfully and be required to pass an
annual firearms requalification program. (See Alabama.)
There should be clear signage at the court's entrance regarding the facility's
weapon policy.
There should be secure depositories for the temporary storage of firearms.
Unauthorized firearms and weapons should be confiscated and destroyed.
Annual statistical reporting regarding seized weapons and contraband is
advisable.
9. Custodial services
Custodial staff should never have unsupervised access to the facility after hours.
Custodial staff should be subject to routine security screening procedures.
Custodial staff should be subject to initial and periodic security background
checks.
Other security protocols should be considered, such as the wearing of name/company
badges, fingerprinting, specific procedures for day and night shifts, sign-in/sign-out
procedures, security checks of supplies, restrictions on packages/bags, and
possession of alcoholic beverages/ non-prescription drugs in the building. (See
Delaware.)
1. Circulation zones
It is recommended that a court facility's space be segregated or separated into
three distinct "circulation zones" – separate zones for judges and staff, the public,
and prisoners.
Access to zones should be controlled. Access keys and cards by non-security
personnel should be limited and supervised by security personnel.
Circulation zones are mandatory in New Jersey for new or renovated court facilities.
If such circulation patterns or zoning areas are not feasible, other options (e.g.,
designating off-limits areas except for authorized personnel with I.D. cards,
installation of locking devices and monitoring system) may be available. Designated
off-limits areas could include HVAC/utility/computer equipment rooms or closets,
chambers, elevators, work stations, unused court rooms, hallways, stairs etc.
Delaware has designated security levels for areas and user groups. (Also see
Arizona.)
Where such circulation zoning is not possible, adequate procedures should be in
place to protect staff and public from prisoners (e.g., by escorting prisoners with
adequate security guards and using appropriate physical restraints).
Non-authorized personnel and visitors should be restricted to public areas at all
times.
court security personnel shall be career oriented with a core curriculum that is court
security specific." New Jersey requires training in dealing with the public.
The physical safety of security personnel to perform their responsibilities should
be addressed.
The New York security taskforce recommended a court policy that requires court
officers serving in sensitive posts and patrols to wear ballistic-resistant vests
approved (and perhaps funded) by the judiciary and, further, that all such vests should
be standard issue for all uniformed court officers. The New York report also
recommended that some (but not all) security officers should be equipped with batons
and O.C. (oleoresin capsicum) pepper spray in accordance with applicable laws.
8. Building/personnel profiles
Courts should maintain confidential files regarding up-to-date personnel lists,
essential personnel information (e.g., contact persons, medical needs), and the
facility's floor plans and allocation of space.
This confidential information should be readily accessible in the event of an
emergency or operational breakdown. Tennessee, for example, specifies that
"medical and family data on each judge should be kept in the clerk's office including
blood type, allergies or reactions to medication, and any other type of medical
problems that should be known in case of an emergency, and the names, addresses,
and telephone numbers of the next of kin."
9. Daily inspections/sweeps
A security plan should include daily and weekly inspections of the interior as well
as the exterior and adjacent areas.
Any suspicious conditions or activities should be reported immediately and
properly documented.
See Wisconsin (pp. 27-31), Delaware, and New Hampshire (providing a helpful
identification of the scope of daily security checks, which is described as "the first line
approach to achieving a secure court facility"). See Arizona regarding weapons
screening and daily security checklists. See section on security incident reporting.
D. The Courtroom
Allocation of security personnel in the courtroom should be flexible to address the
risks posed in a particular proceeding, the type of case (e.g., family, pro se,
criminal), the stage of proceeding (e.g., sentencing), and the extent of anticipated
media coverage.
New Jersey's recommended standard is to establish a system of allocating security
personnel based upon the type of trial and the nature and number of participants
involved in the given proceeding – indicators that can be classified into increasing
degrees of risk (low, moderate, high). Others recommend that there should be a
uniformed officer in the courtroom during all proceedings. See Arkansas, SJI Court
Emergency/Disaster Preparedness Planning Project, "Planning for Emergencies,"
supra at p. 11 (2005). Arizona notes that it is a recommended standard not to include
in the security officer complement any officers assigned to escort in-custody
participants or protected individuals.
If the facility does not have adequate screening at its entrances, then each
courtroom should be equipped with security devices (e.g., magnetometer,
surveillance cameras, and duress alarms).
The number of public entrances to a courtroom should be restricted.
There should be a pre-determined, effective means of non-verbal communication
between the court security officer and designated court personnel (e.g., clerk,
presiding judge) that could be confidentially used in threatening or emergency
circumstances.
There should be restricted access to light and environmental controls located in
the courtroom.
There should be a safe, quick, and accessible evacuation/egress route (via
automatic locking door with peephole) in close proximity to the judge's bench.
Coverings (e.g., drapery, opaque glazing, and blinds) should be installed on
courtroom doors and windows to prevent a line of sight into the courtroom.
If feasible, windows should enhance security in terms of composition. Shatterproof
windows consist of two standard sheets of glass with transparent plastic that break
into a rounded grain instead of jagged shards. Bullet-resistant glass involves thicker
lamination; the thicker the glass, the more resistant to the type of bullet. Bullet-
resistant glass is substantially more expensive.
Courtrooms should be locked when not in use.
All objects (e.g., furniture, flagpole, utensils) that could be used as items of
assault in the courtroom should be secured or removed.
For example, see Wisconsin (p. 51), containing an identification of "common
weapons of opportunity" and recommendations for their safe use, noting that even
the simplest of everyday objects can be turned into lethal weapons.
There should be sufficient distance between the judge's bench and others
(litigants, attorneys, public). The judge's bench should contain bulletproof
(fiberglass resistant glazing) material and be separated by a rail from the
audience.
There should be a clear policy regarding the possession of guns in the courtroom
by law enforcement and judges.
There should be a clear policy regarding the possession of cell phones in the
courtroom.
There should be clear protocols and designated responsibility for opening,
locking, and daily inspecting of courtrooms.
Clear protocols should be in place to secure and store exhibits, especially firearms
and drugs.
Courtrooms should have essential security equipment and enhancements.
Important security equipment for a courtroom include silent duress/panic alarms
(e.g., at the judge's bench, clerk's desk, sheriff's station) activated by a hidden
switch/button and wired for immediate communication to a central location; ballistic
shielding for judge's bench to withstand penetration of "off the shelf" bullets from
handguns, including a .357 magnum; portable radios and phones (including walkie-
talkie); telephone; heat/smoke detectors; CCTV, if feasible, to alert and record a
security incident; intrusion alarms; emergency backup lighting and electricity; and
high-quality cylinder locks on doors with a locking/release button controllable by
judge or sheriff. (For example, see Wisconsin, Arizona, New Hampshire, Utah,
Delaware, and Tennessee.)
Court audiences should be seated at all times. Security and court personnel
should be mindful of spectators attempting to change seats or move toward the
bench, the parties, witnesses, or the jury. (See Alabama.)
The number of prisoners in a courtroom at any one time should be minimized.
The number of prisoners in a courtroom should be proportionate to the security
provided. (See Alabama.)
There should be clear protocols for dealing with disruptive people in the
courtroom.
In the event of a power failure where emergency power backup and ambient light
are not available, there should be a continuously charging flashlight or other light
source available at the judge's bench. (See Alabama.)
F. Administrative Offices
Administrative offices are critical to a court's operations and, therefore, should be
properly protected like any other space in the court facility.
There should be special security protocols for the handling, storage, and transport
of money and negotiable instruments.
Cash on-hand and its equivalent should be limited.
Access to administrative offices should be controlled and monitored. Useful
security measures include physical separation of staff from public (e.g., by use of
counters, half-walls, window shields); secure storage/locking of important files;
daily inspections/sweeps of office space; controlled/supervised access by
custodial or off-hours workers; locking of all doors and windows after hours;
restricted access to areas housing computers, their servers, and related equipment;
policy requiring the prompt reporting of suspicious packages, suspicious activity,
and security breaches.
Wisconsin (Chapter 5) provides helpful detailed advice concerning how to enhance
office security generally and respond to specific situations. Arizona recommends
that, when practical, there should be CCTV surveillance for the clerk's office.
Security personnel should be readily accessible to the court's administrative
offices.
Appendix B
Steps to Best Practices for Court Building Security
FEBRUARY 2010
Timothy F. Fautsko
Steven V. Berson
James F. O’Neil
Kevin W. Sheehan
Acknowledgements
The development and publication of this report has been made possible by the
support and hard work of many people. The National Center for State Courts (NCSC)
wishes to acknowledge the four authors of this document, Timothy Fautsko, Principal
Staff at the NCSC, and especially security consultants Steven Berson, James O’Neil, and
Kevin Sheehan for their work in identifying the categories, topics, and steps to best
practices in court security contained in this document. The NCSC also extends its
appreciation to three practitioners in the field who carefully reviewed this document and
made important recommendations that have improved the final product. They are
Malcolm Franklin, Senior Manager, Emergency Response and Security from the
Administrative Office of Courts in California; Frank Lalley, Judicial Security
Administrator from the Administrative Office of Pennsylvania Courts; and Carol Price,
Court Security Director from the Administrative Office of Courts in Utah. Their many
years of experience in the field of court security and emergency preparedness proved
invaluable in validating the many steps to best practice. Without their assistance, the
quality and usefulness of information contained in this report would not have been
possible. Finally, the NCSC extends thanks to its editorial staff – Ephanie Blair, Judy
Amidon, and Lorie Gomez – for the many hours they spent providing quality assurance
in the conformation and final editing of the report.
Introduction
The National Center for State Courts (NCSC), through its Court Consulting
Division, has conducted security assessments of court buildings as well as personal
security and safety training throughout the country. In conducting court building
assessments, the NCSC assessment team has evaluated court security in terms of “best
practices” – guidelines describing those security measures that should be in place with
respect to a comprehensive set of topics covering court buildings and court operations.
These best practices are not only based on the considerable experience of NCSC
assessment team members, but are also a compilation of various guidelines from the U.S.
Marshals Service, National Sheriffs’ Association, International Association of Chiefs of
Police, the Transportation Safety Administration, the Department of Homeland Security,
and the National Association for Court Management. The NCSC assessment team
recommends that leadership in every court building strive to achieve best practices in all
topic areas to provide a suitable level of security for all those who work in or visit the
court building.
Acknowledging that implementing best practices in court building security will
require increasingly scarce budgetary resources, the NCSC assessment team has also
developed steps in phases that can be taken toward achieving best practices in various
areas of court building security. These steps may be a useful approach to courts as they
strive to implement improvements in court building security. The NCSC assessment
team wishes to emphasize that a fully effective integrated level of security will be
reached only when all the measures at the best practices level are incorporated. The
NCSC assessment team has provided these steps in phases, so that a court at its discretion
can adopt incremental improvements before reaching the level of best practices. These
steps in phases are plateaus along an ascending path to improvement – improvement the
NCSC assessment team recommends that courts achieve over time.
It is important to note that Steps to Best Practices focuses almost exclusively on
security matters. With rare exception, issues of emergency preparedness, continuity of
operations, and disaster recovery are not within the scope of this document.
Category A: Fundamental
One Command and control center
Two Policies and procedures
Three Security committee
Category D: Important
One Cash handling
Two Exterior/interior patrols
Three Perimeter issues
Four Public lobbies, hallways, stairwells, and elevators
Five Screening mail and packages
Category A: Fundamental
The three topics in this category provide an essential foundation for all the other topics in
Steps to Best Practices.
• Command and control center. Without such a center, the necessary and vital
technological tools for court building security – closed circuit televisions (CCTV*),
duress alarms, and intrusion alarms – cannot be utilized or monitored in an effective
manner.
• Policies and procedures. Without these, there is no way to assure a thorough and
consistent application of security measures aimed at making a court building
reasonably safe. The development of policies and procedures is an iterative process.
Reference will need to be made to the information included in Steps to Best Practices
to inform the process of developing a comprehensive and cohesive set of policies and
procedures.
*CCTV, as used in this document, refers to a variety of old and new technologies. For detail, see
topic C-1.
TOPIC A-1: COMMAND AND CONTROL CENTER
Phase One
1. Establish a command and control center in the lobby area of the court building
with an assigned court security officer (CSO*). For smaller court buildings, the
monitoring function of a command and control center can take place at the front
entrance screening station.
2. Provide for telephone/radio communication as a point of contact between a CSO
and potentially vulnerable areas of the court building, such as courtrooms.
*Note: CSO is defined as an individual trained in court security and certified to use a
firearm. The CSO should also be armed with a triple-retention holster and a radio that
can communicate with the command and control center. The CSO at the command and
control center does not necessarily need to be armed.
Phase Two
3. Design and construct a command and control center that is isolated from the main
lobby of the court building.
4. Design a control panel that will provide space for administrative activity and
equipment to monitor CCTV cameras, duress alarms, fire alarms or alerts,
intrusion detection systems, and radio dispatches.
Best Practice
Continue all steps in Phase One and Two, plus add the following:
5. Install control panels and monitoring equipment for CCTV surveillance cameras,
duress alarms, fire alarms or alerts, intrusion detection systems, and telephone and
radio communication and dispatch.
6. Provide additional security personnel as required to supervise and monitor
command and control center activities.
1. Judicial branch leadership understands the need for and commits to the
implementation of effective, comprehensive security based on best practice models
and establishes orders directing court security policies and procedures.
Phase Two
Continue with the step in Phase One, plus add the following:
2. Establish a task force under the direction of the court security committee (see
Topic A-3) and with the cooperation of the appropriate law enforcement
agency(s), to draft essential documents for the establishment of the policies and
procedures on court building security. The task force on policies and procedures
should include:
• Court administration
• Security personnel
• Facilities management
• Fire and rescue personnel
• Others responsible for and impacted by court security
3. Create the package of essential documents to include:
• Policies and procedures
o Overall court security operations
o Screening protocols
Define contraband that cannot be brought into the court
building and confiscate it at the door.
o Procedures to govern courtrooms and other areas in the event of a
security incident
• Risk and resource assessment instruments and protocols for use
• Incident reporting instruments and protocols for use
Phase Three
Continue all steps in Phases One and Two, plus add the following:
Phase Four
Continue all steps in Phases One, Two, and Three, plus add the following:
Best Practice
Continue all steps in Phases One, Two, Three, and Four, plus add the following:
6. Review and update policies and procedures at least every other year.
7. Analyze Phases Two through Four for operational effectiveness.
Phase Two
3. Add the district attorney and public defender or representative from the state bar to
the court security committee.
4. Add tenants to the security committee as appropriate.
Phase Three
Continue all steps in Phases One and Two, plus add the following:
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
8. Establish an integrated court security committee and use task forces to provide the
committee with additional research and information gathering capacity.
Additional members added to the committee or task forces should include:
• Court staff members working in the court building
• Local and state government officials
• Local and state subject matter experts
9. Reconstitute the court security committee to be additionally responsible for
emergency preparedness, disaster recovery/continuity of operations (COOP) plan,
and response to pandemic flu, and add members with this expertise as appropriate.
Rename the committee the court security and emergency preparedness committee.
10. Add planning responsibility for building new or improving current court facilities
to the newly named committee.
Phase One
1. Establish only one main door through which the public can enter the court building
and display a sign at the entrance clearly listing those items that cannot be brought
into the court building.
• Designate one or more of the doors to the building to be used only for one
or more of the following: judges, court staff, and other building tenants, to
enter with an access card or key. Lawyers and jurors should not be
permitted to use this door but should enter through public entrances.
• Keep all other exterior doors locked during business hours.
• Emergency exit bars should be installed on all external exit doors. All exit
doors should be alarmed, with ten second delay consistent with local codes.
Establish signage that explains the “Exit Only” requirement.
2. Establish protocols for entry through locked doors.
• Tailgating* or bringing in family members/friends through these doors
should not be allowed.
• Delivery people and contractors should enter through the main door and be
verified by an authorized representative requesting the delivery or service.
The same procedure should be followed after verification at the main door
to the court building for delivery people and contractors needing to use
other external doors for service or delivery. These individuals should be
escorted and supervised while in the building.
*Note: In this context, tailgating is when an individual(s) enters a court building
with a person who is authorized to properly gain entry with an access card or key.
3. Assign one CSO to guard the public entrance to the court building on a full-time
basis.
4. Set up a table or other physical structure at the public entrance to serve as a
screening station.
5. Screen people coming in the public entrance for weapons by use of a hand wand
and physical search of personal items.
• Provide screener with a weapons ID chart.
• Provide screener with a list of contraband items.
6. Train the CSO for all Phase One tasks described above.
7. Provide basic court security orientation training for judges and staff.
Phase Two
8. Add a magnetometer at the main door (public entrance) to the court building.
*Note: Staffing level in Phase Two is one full-time CSO at the screening station, plus
one additional CSO for high-volume times.
Phase Three
Continue all steps in Phases One and Two, plus add the following:
*Note: Staffing level in Phase Three is two full-time CSOs at the screening station.
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
22. Assign a third CSO* to operate the public screening station: one CSO to operate
the magnetometer, one to operate the x-ray machine, and one to handle problems.
During low traffic times, the third CSO can assume another assignment. Ideally,
all three CSOs should be armed, but at least one should be armed. (Armed CSOs
should use a triple-retention holster.)
23. If two or more public screening stations are in operation, assign a fourth CSO as a
supervisor to oversee operations.
24. Install a magnetometer, x-ray machine, duress alarm, and CCTV camera to the
judge/staff entrance. Consider allowing jurors to use this entrance.
25. Assign at least two CSOs to the judge/staff entrance if staff or jurors use this
entrance and at peak hours during the day. Otherwise, assign at least one CSO.
26. Establish a universal screening policy. Universal screening means everyone
entering the building is screened.
27. When everything is in place, establish a policy that only law enforcement officers
with responsibility for court security inside the building may bring a weapon into
the building. Other law enforcement officers should be required to check their
weapons in a lock box at the screening station(s).
*Note: Staffing level in Best Practice is three full-time CSOs for each public screening
station, plus one additional CSO to supervise multiple stations, and two CSOs assigned
to judge/staff/juror entrance.
Phase One
1. Permit access into all areas of the court building via key or electronic card access.
Keys and cards should be issued and controlled pursuant to a comprehensive
accountability system that has been approved by the court’s security committee.
2. Conduct background checks prior to issuing a key or access card to any person.
3. Conduct background checks for cleaning crews and any vendors granted after-
hours access to the building. Cleaning crews and vendors should be supervised at
all times by a person who is accountable to the court.
4. Monitor the activities of the public while in the building after hours.
Phase Two
5. Eliminate the use of keys and implement the use of an access card system. As
necessary, issue keys to a limited number of people only for emergencies, building
maintenance purposes, and building security responsibilities.
6. Create a single access point into the court building that is guarded by a CSO who
checks IDs and signs in all people entering the building after regular hours. As
time permits, the CSO should periodically patrol the interior and exterior of the
court building.
7. Update background checks periodically (at least annually).
Best Practice
Continue all steps in Phases One and Two, plus add the following:
Phase One
1. Install a duress alarm at the judge’s desk and in the chamber’s reception area.
2. Test duress alarms regularly – at least monthly.
3. Provide training to judges regarding personal security and safety in chambers.
4. Escort judges when leaving a chambers area for a courtroom if chambers hall is
unsecured.
5. Keep existing chambers window coverings adjusted so activities cannot be
observed from outside the court building.
6. Conduct daily sweeps of chambers in the morning and at the end of the day.
7. Keep entrance doors to chambers area locked. Keep doors to individual chambers
locked when judge is not present, especially at night.
8. Assign at least one CSO or transport deputy to be present whenever an in-custody
defendant is escorted through chambers hallway.
Phase Two
Phase Three
Continue all steps in Phases One and Two, plus add the following:
13. Assign at least two CSOs or transport deputies to escort in-custody defendants
through chambers hallway, with one to clear the path ahead. The transport officer
closest to the prisoner should be unarmed; the other officer should be armed.
14. Install ballistic-resistant material in all accessible windows (e.g., ground level, first
floor). The recommended ballistic-resistant material should meet UL Standard
752, Level IV, unless a lower level can be justified by an assessment of the risks
based on such factors as adjacent structures and geographic features associated
with the location of chambers. This level may be reduced based on specific
security assessments.
15. Request cleaning crews to clean chambers at the end of the day when court staff is
present, rather than at night.
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
16. Install CCTV cameras in chambers hallways that lead to the entrance to chambers
areas.
17. If feasible given the existing structure of the court building, establish a secure path
for judges to go from chambers to courtroom (no escorting of in-custody
defendants). If feasible, establish a secure path to escort in-custody defendants
from holding cells to the courtroom without going through chambers hallways.
18. Install ballistic-resistant material in all chambers windows that are located on
floors above ground level.
19. Prohibit cleaning crews from entering chambers unsupervised at any time.
Require cleaning during the day or leave waste baskets outside locked chambers
area doors at night. The judge or court staff should be present when cleaning
crews are physically cleaning/dusting chambers during the day.
Phase One
1. Assign at least one CSO on every floor that has one or more courtrooms, dedicated
as a “rover” from one courtroom to the next (unless local or state rules require
additional coverage). There must be at least one CSO or transport officer present
throughout the entire court proceeding whenever an in-custody defendant is
involved.
2. Install duress alarms in the courtroom at accessible locations:
• On top of or under the working surface of the bench, plainly marked
• At the CSO station
• At the clerk’s station
Train judges and staff on the functionality of duress alarms and on the protocols
for use.
3. Test duress alarms regularly (at least monthly).
4. Conduct a sweep in the morning before a proceeding is held and at the end of the
day for all trials to court and trials to jury. (For high-visibility trials, use a dog
trained with the ability to detect guns, bomb materials, and other explosive
contraband.)
5. Secure or remove all metal and glass items inside the courtroom that can be used
as weapons (e.g., scissors, staplers, metal water pitchers, glasses). As substitutes
for these items use Styrofoam or paper products. Use snub nose scissors, bendable
pens for defendants, and smaller staplers.
6. Install and then regularly test emergency lighting/fire equipment in courtrooms.
7. Always keep front and back doors to courtrooms locked when courtroom is not in
use.
8. Use proper and acceptable restraints per state law on in-custody defendants.
9. Prohibit use of camera/cell phones in the courtroom and prohibit other items that
could be used as weapons.
Phase Two
Phase Three
Continue all steps in Phases One and Two, plus add the following:
14. A second CSO should be assigned to a courtroom whenever any court proceeding
is being held. Whether or not there is an in-custody defendant, one CSO should be
assigned for the judge and one for the courtroom. A second CSO is not ordinarily
needed for civil cases, unless specifically requested by a judge based on a
determination of a higher risk involved in a particular case.
15. Install one CCTV camera in all remaining courtrooms.
• The camera should be installed in the back of the courtroom to monitor
activities in the courtroom up to and including the well and bench area.
16. Install two CCTV cameras in criminal and family courtrooms.
• One camera should be installed in the back of the courtroom to monitor
activities in the courtroom up to and including the well and bench area.
• One camera should be installed on the wall in back of the bench to monitor
activities in the courtroom.
17. Begin the process necessary to establish a courtroom in the jail for
advisements/arraignments and other hearings. Use video arraignment* originating
from the jail for in-custody hearings as much as permitted by state law.
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
18. For high-visibility trials, an additional CSO should be assigned to be present in the
courtroom.
19. Use video or a courtroom in the detention center for all arraignments or hearings to
set dates of next appearance.*
20. Conduct sweeps of all courtrooms, including the random use of trained dogs.
21. Provide separate working offices (not in the courtroom) for clerks and others to
use after courtroom proceedings have been completed.
22. Use bullet-resistant materials when constructing or retrofitting the bench and
workstations inside the courtroom. The most recent recommended standard for
these materials is UL Standard 752 Level III.
23. Install two CCTV cameras in all courtrooms.
• One camera should be installed in the back of the courtroom to monitor
activities in the courtroom up to and including the well and bench area.
• One camera should be installed on the wall in back of the bench to monitor
activities in the courtroom.
Phase One
1. One CSO* should be permanently assigned to the main entrance of the court
building during business hours.
2. One CSO or transport deputy should be assigned to the courtroom while there is an
in-custody defendant in the courtroom.
3. Assign at least one CSO on every floor that has one or more courtrooms, dedicated
as a rover from one courtroom to the next. There must be at least one CSO or
transport officer present throughout the entire court proceeding whenever an in-
custody defendant is involved.
*Note: It is estimated that each CSO post requires approximately 1.33 full-time
employees to cover for sick leave and annual vacation, training, etc.
Phase Two
Best Practice
Continue all steps in Phases One and Two, plus add the following:
Phase One
1. Install duress alarms in the courtroom and at the bench, clerk’s station, and CSO
station. Training should be provided on the functionality of duress alarms and on
the protocols for use.
Phase Two
Phase Three
Continue all steps in Phases One and Two, plus add the following:
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
Phase One
Best Practice
Phase One
Phase Two
Phase Three
Continue all steps in Phases One and Two, plus add the following:
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
9. Establish a secure pathway for a defendant from the transport bus, through the
sally port, to the holding cell and the courtroom to avoid crossing the path of
judges, staff, or public.
Phase One
Phase Two
Phase Three
Continue all steps in Phases One and Two, plus add the following:
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
Phase One
1. Install a digital and color CCTV camera system* at the entry screening station and
in the courtroom(s) facing the gallery.
*Note: CCTV systems can utilize various kinds of technology to transmit video images
and to provide for system access and control. Cables have been the traditional means of
system connectivity. Newer technologies have emerged over time. Some systems now
utilize an internet protocol (IP) to transmit data and control signals over a fast Ethernet
link. Another technology, virtual local area network (VLAN), allows authorized
personnel to access cameras or a recorder from a remote setting. Courts are encouraged
to explore and adopt the technologies that best suit their needs and budgets.
CCTV cameras should have the following functional capacity:
• Fixed or pan, tilt, zoom. These types of CCTV cameras are typically used
by most courts. Fixed cameras with a wide-angle lens allow for a
stationary focus on areas of interest. The capacity to tilt and pan allows
each camera to maximize its area of coverage, thereby minimizing blind
spots and the number of cameras needed. The ability to zoom allows each
camera to capture a more accurate and close-up picture of what is actually
transpiring in a particular scene.
• Color. This is standard in current systems. Black-and-white images cannot
tell the full story. Important features are indistinguishable. Only with a
color monitor can faces and other specific objects be clearly identified.
• Recording capacity. The CCTV system should have digital video
recording capacity enabling a CSO to view incidences at a later time. This
recording function is essential for identifying perpetrators for the purpose
of apprehension as well as conviction. Recordings should be retained for at
least ten working days.
• Activation issues. The operation and recording function of a camera can be
set to activate by either motion or sound, or by the setting off of duress or
intrusion alarms.
• Signs. Notices should be conspicuously placed to inform the public that
CCTV cameras are operating and recording activity in the area.
Phase Two
4. Install CCTV cameras to monitor activity at public counters and in offices where
the public may visit.
Phase Three
Continue all steps in Phases One and Two, plus add the following:
Phase Four
Continue all steps in Phases One, Two, and Three, plus add the following:
Best Practice
Continue all steps in Phases One, Two, Three, and Four, plus add the following:
Phase One
Phase Two
Phase Three
Continue all steps in Phases One and Two, plus add the following:
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
12. Have a floor warden identified and trained on each floor to respond to medical
emergencies (e.g., CPR and use of the AED) as 911 is called.
13. Designate a safe area for a command and control center during an emergency.
14. Consider advising judges and staff by public address system, bull horn, email, or
phone. One method of warning is the use of Court Building Warning Codes; a
sample can be found in the Appendix.
15. Have an evacuation plan that everyone in the court building has been familiarized
with.
16. Have a bomb-threat protocol and a lockdown plan in place.
Phase One
1. Establish the concept of circulation zones (separate areas and routes) for the
following:
• Judges and court staff (e.g., chambers, administration, jury deliberation
rooms, conference rooms, back of public counters, private elevators, secure
stairways)
• In-custody defendant transport (e.g., routes for entering and exiting the
Phase Two
4. Eliminate keys and require access cards. Maintenance staff and emergency
responders should retain keys.
5. Establish viewing ports (peepholes) to help prevent non-authorized access through
secured courtroom doors.
6. Improve definition and enforcement of circulation zones.
Phase Three
Continue all steps in Phases One and Two, plus add the following:
7. Establish some form of video recognition (phone) system to allow access into
secure areas.
8. Continue to improve definition and enforcement of circulation zones.
9. Install a CCTV camera system in all secure areas in the court building to monitor
activity.
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
10. Establish and maintain maximum separation among zones (e.g., in-custody
defendants are not escorted through secure hallways; judges do not pass through
public areas when going to and from their cars, through screening, and to and from
chamber areas.)
Phase One
1. All exterior doors should have basic intrusion alarm devices, covering
• All locked doors after hours
• Emergency exit doors during business hours
Phase Two
Phase Three
Continue the steps in Phases One and Two, plus add the following:
Best Practice
Continue the steps in Phases One, Two, and Three, plus add the following:
4. Integrate CCTV cameras into the system described above so that cameras will be
activated in the area(s) of intrusion.
Phase One
1. Provide jurors with court security information before they report for duty by
placing information on the jury summons they receive. For example:
• Where to enter the court building
• What items (e.g., knives, nail files, scissors) should not be brought into the
court building
• Not to discuss cases with anyone before and during jury service
• Not to wear juror ID badges outside the court building
2. Screen jurors as they enter the court building or before they report to the jury
assembly area.
3. Give a basic security and building evacuation orientation and ID badge to jurors at
the assembly area before going to the courtroom. Cover such matters as what to
do in case of an emergency and how to respond to a coded emergency
announcement.
Phase Two
Continue all steps in Phase One, plus add the following:
4. Assign a CSO to the jury room whenever juror payment is being made and when
juror funds are obtained and transported back and forth to the court building.
Best Practice
Continue all steps in Phases One and Two, plus add the following:
5. Assign a CSO to provide security inside and outside the jury assembly room when
jurors are present.
6. Assign a CSO to escort jurors to and from the courtroom. If jurors who are
serving on a jury trial are dining as a group outside the court building, a CSO
should accompany them. If an elevator is used to transport jurors, one CSO should
supervise the loading of jurors and another CSO should meet the jurors on the
floor on which they disembark.
7. Assign a CSO to remain with the jury during the entire trial/deliberation.
Phase One
1. Remove all signs in judges’ parking area that identify spots either by name or title
of judge. Any signs should simply say reserved along with a number as
appropriate.
2. Each judge should notify law enforcement officials or a CSO of their arrival in the
morning and be escorted into the court building if they park in an unprotected
public parking lot.
3. Judges should be escorted to the unprotected parking lot by a CSO when they
leave at night.
Phase Two
4. Fence in the judges’ parking lot and require that an electronic card access system
is used for entrance into the court building. Install privacy slats if a chain-link
fence is used.
5. Judges and court staff should be escorted to their cars or other mode of
transportation after business hours.
Phase Three
Continue the steps in Phases One and Two, plus add the following:
Best Practice
Continue the steps in Phases One, Two, and Three, plus add the following:
9. Provide a secure parking area, preferably covered, for judges where they can
proceed directly from their car, through screening, to their chambers without
traversing any public areas or main court building entrance areas.
Phase One
1. Install one or more duress alarms at the main public counter. Train staff on the
functionality of duress alarms and on the protocols for use.
2. Keep window coverings in offices (e.g., drapes, blinds) lowered to restrict
observation from outside.
3. Install Plexiglas-type enclosures at cash counters.
4. Keep cash and checks in a secure, locked area overnight.
Phase Two
Phase Three
Continue all steps in Phases One and Two, plus add the following:
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
Category D: Important
TOPIC D-1: CASH HANDLING
Phase One
1. Develop and train court staff on procedures for handling cash. The procedures
should:
• Determine who should collect the money
• Determine how to safeguard money during the daytime work hours and
overnight
• Train staff on how to verify checks and reconcile fees
• Determine industry standards for deposits
2. Install protective barriers and duress alarms at cash counters.
3. Use an office safe for money storage.
Phase Two
Phase Three
Continue all steps in Phases One and Two, plus add the following:
5. Use an armored car service or the bank’s personnel to pick up funds daily.
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
6. Require two people – one court staff and an armed CSO – when carrying cash.
Phase One
1. Request that the local law enforcement agency conduct exterior patrols,
particularly during times when the building is closed.
2. Develop a memorandum of understanding (MOU) with local law enforcement
regarding which agency is responsible to protect the exterior of the court building
during and after business hours.
Phase Two
3. Conduct regular CSO interior patrols by CSOs assigned to work in the court
building, focusing on crowded hallways.
4. Assign CSO exterior patrols both regularly and randomly throughout the day.
Phase Three
Continue all steps in Phases One and Two, plus add the following:
5. Continue to increase both interior and exterior CSO patrols of the court building.
Best Practice
Continue all steps in Phases One, Two, and Three, plus add the following:
6. Require scheduled patrols of all interior and exterior areas 24/7, either by CSOs
or local law enforcement officers.
Phase One
1. Provide for sufficient lighting around the building perimeter, including parking
areas. Lighting should be sufficient to provide a reasonable level of safety for
judges and staff going to and from the court building during hours of darkness. It
should also be sufficient for perimeter CCTV cameras to capture images.
2. Keep doors locked after hours and allow access only via appropriately authorized
key or access cards.
3. Keep all shrubbery and trees properly trimmed to prevent hiding places or access
to the court building roof for persons or packages.
4. Conduct daily security checks around the perimeter.
Phase Two
5. Provide a secure parking area for judges with signs that do not indicate that the
space is being used by a judge (e.g., signs should not say for official use only).
6. Install intrusion alarms to cover all exterior doors and accessible windows.
Phase Three
Continue steps in Phases One and Two, plus add the following:
7. Install CCTV cameras around the perimeter (at each corner of the court building).
8. Install bollards as necessary outside selected (main) entrance doors, ground floor
(accessible) windows, and other vulnerable areas.
9. Enclose and secure all exposed utilities.
Best Practice
Continue steps in Phases One, Two, and Three, plus add the following:
10. Replace keys with an electronic card access system (except for back-up
emergency) on exterior door entrances to the court building.
11. Provide secure parking for staff and jurors. Secure parking for judges and staff
should have the following attributes:
• Protected from public access
• Protected from public view
• Required electronic access, by way of card or other appropriate device
• CCTV cameras in place and operating
Phase One
Phase Two
Best Practice
Continue all steps in Phases One and Two, plus add the following:
6. Install CCTV cameras in lobbies, hallways, stairwells, and elevators in the court
building and provide secure elevator(s) with electronic card access.
7. Assign a CSO to regularly patrol these areas in accordance with an assigned
schedule.
8. Install a public address system in the building to facilitate announcements and
emergency codes.
Phase One
1. Provide routine visual inspection of all mail/packages coming into the court
building, to include addressee verification and examination of suspicious items.
2. Require staff to attend training on postal security and package identification
techniques provided by the United States Postal Service (USPS).
3. Develop and practice a response protocol with law enforcement when a package is
identified as suspicious or dangerous.
Phase Two
Best Practice
Continue all steps in Phases One and Two, plus add the following:
• All mail, packages, and parcels from USPS, FedEx, UPS, DHL, and other
carriers should be thoroughly screened (x-ray and explosive trace detector,
if suspicious) upon being received at the mailroom. This includes USPS
mail delivered/picked up by court staff from the local post office.
Appendix C
2. Does the home have trees and shrubs that are overgrown to the Yes No
point where they block easy view from within?
3. Does the home have outbuildings (detached garage, pool house, Yes No
storage buildings) located on the property?
The door should have a peep hole installed to view any visitors
prior to granting access to the home. No glass should be on the
door that can be broken to gain entry. It is important that a three-
inch strike plate for screws be installed in all entry doors.
7. Does the mail box or the entry of the home personally identify Yes No
the occupants?
3. Is the exterior door leading from the basement to the upper floor Yes No
made of solid core and equipped with a deadbolt lock?
1. Do all doors and windows have locks that will secure the Yes No
condominium/apartment while it is vacant?
MAIL SECURITY
If you receive mail at your home, be wary of suspicious letters or packages. Do not open
a letter that appears to be unusual in any way, particularly if it has a perceptible bump,
which might be an explosive device. Notify law enforcement immediately of any
unexplained package in or near your home. You should notify law enforcement when
mail items have any suspicious features, such as:
• Excessive weight, size, or postage
• Springiness in the top, bottom, or sides of the envelope
• Wires or strings protruding from or attached to the envelope
• Envelope has uneven balance or a peculiar odor
All such items should be isolated. Only trained law enforcement professionals should be
allowed to open suspicious mail.
Recommendation: Family members, including care givers, should never tell anyone you
are out of the house. They should be instructed to only take messages from callers.
Recommendation: Emergency police and fire numbers should be programmed into the
telephone using the “In Case of Emergency” (ICE) concept. If you do not have a
programmable phone, you should post emergency numbers near the main telephone in
the home.
Recommendation: Do not discuss family plans with outsiders. Even your friends should
not be informed. In general, do not discuss your family’s comings and goings.
Recommendation: Family members should not stop at the same supermarket at the same
time on the same day each week. Vary your daily activities.
Recommendation: Observe cars parked in the neighborhood with one or more persons
inside or persons who seem to be doing nothing in particular.
Recommendation: Never reveal to any stranger that you are home alone.
Recommendation: Know where your children are at all times. Maintain a daily itinerary
and stress the importance of notifying other family members of changes in the schedule.
Recommendation: When harassing or obscene telephone calls are received, take action
to change your phone number immediately. Family members should never engage in a
telephone conversation with unknown or unidentified persons.
Recommendation: Children must follow a school schedule, but if they are driven to
school, varied routes should be followed. Children should be escorted to and from bus
stops. Neither hiking nor walking to school is recommended.
Recommendation: Inform school authorities that children should not be released from
school, athletic events, and club meetings on the strength of a telephone call. Advise the
school authorities to confirm the call with your home or office.
lock on the main entry door so that you may accept small packages or letters by partially
opening the door. Do not rely heavily on this type of lock, as an intruder can break them
away by forcing the door.
Recommendation: When receiving a wrong number telephone call, never give your
name or number. Just state that the caller has the wrong number.
Recommendation: Never answer your telephone with your name; a simple hello is
acceptable.
TRAVEL RECOMMENDATIONS
Whether you are going to the store or Europe, the fact that you have left your home or
office changes your security status SIGNIFICANTLY. Travel decreases your security
because you are not adhering to your routine, but instead, you are exposed to unfamiliar
surroundings. If you plan to travel outside your home area or overseas, you should check
with your director of security for additional security measures that can be taken to protect
you and your family.
Recommendation: If you should have car trouble on the road, drive to the side of the
road and place a handkerchief or white cloth on the radio antenna or door facing traffic.
Either place a cell phone call or wait for help to come.
Recommendation: If you are driving and an attempt is made to force you off the road,
move toward the center of the roadway and quickly proceed to a busy street and seek
assistance. As you proceed, blow your horn to attract attention to your plight.
Recommendation: Avoid using magnetic key boxes hidden in the wheel well of your
car.
Recommendation: Park your car in a secured garage; do not park your car on a public
street.
Recommendation: Advise the local police department of your occupation and address.
Complete and submit a judicial profile for you and your family (attached), to the chief
security officer for use in emergencies. Judicial profiles should be protected as
“confidential-restricted access” documents.
Recommendation: Consider moving all fuse and switch boxes into the home if possible.
Place locks on those that remain outside or in outbuildings/garages.
Recommendation: A small safe or security box, which can be bolted down to a closet
floor, should be used to secure personal jewelry, cash, and personal documents that are
frequently used. Consider a safety deposit box for items used less frequently.
Recommendation: When the home is left vacant, install timers on televisions, radios,
and lights in order to give the impression that the home is occupied.
Recommendation: Have “Caller ID” for incoming telephone calls to your home. Use
“Caller ID” blocking to prevent your telephone number from being displayed on outgoing
calls.
Recommendation: Become familiar with the streets and roads surrounding your home.
Have a planned escape route from your home to a designated safe place in case of fire or
intrusion.
Recommendation: Make sure your trash is kept in a secure place, such as a locked
outbuilding.
Recommendation: Keep the names, addresses, and telephone numbers for all staff
members handy in the event of an emergency.
Recommendation: If you have household employees, make sure they have been
screened with background checks.
Appendix D
The following section presents sample forms that can be used for the development
of a disaster plan regarding the preservations of electronic and hard copies of records in a
state court system. The samples contained herein could be made part of pre-service for
new employees and in-service training for court staff.
Date completed___________________
Form completed by
Police
Fire Department
Medical Assistance
Ambulance
Other Government
Officer
Maintenance Training
and Security Company
Internet Service Provider
Judiciary IT Services
Date completed__________
Location____________
Date _________
Freeze-drying
contractor for hard
copies
Portable generators
to borrow or lease
for backup
electricity
Food services
(for workers)
Refrigerated trucks
Conservationist
Pest control
Fumigation services
Salvage services
Trash removal
Alternative location
for air drying
Electrical
contractors
Computer
restoration experts
Floor Plan
The floor plan of the court should be available in electronic format and in hard
copy to help rescue personnel and other professionals physically respond to a disaster or
emergency. It should help identify potential problems in addition to providing an
overview of the physical layout as well as the location of outlets, master switches, vaults,
staircases, windows, and computer equipment. The locations of records, especially
confidential and sealed records, should be noted on the plan. The floor plan should be
updated annually and copies kept with first responders.
Appendix E
Appendix F
Sample Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE (Name of County/Parish)
AND
(Name of Court)
(1) The County/Parish hereby recognizes the need for the preservation of access to
justice for all citizens, judicial efficiency and judicial responsiveness, public
health, safety and welfare afforded the citizens of this County/Parish as is
necessary to respond to the needs of the public in the event of a disaster to the
Court building , located at (address) .
(2) Certain space and equipment within the (title of building[s]), located at
(address), shall be made temporarily available for use by the Court in the event
the Court Building is seriously damaged and/or destroyed in an event primarily
isolated to the Court building and not a County/Parish-wide disaster or emergency
event.
(3) The Court shall have the use of courtroom(s) (building[s]) to be designated if
the need arises.
(4) Any equipment owned by the County/Parish may be used by the Court and its
employees subject to the security and operating rules and regulations of the
County/Parish.
(5) All employees working for or with the judges of Court shall remain Court
employees.
(6) The day-to-day Court management activities shall be under the direction and
control of one Court employee or judge designated by the Court to serve as its
"Judicial Administrator". This person shall be responsible for the day-to-day
administrative oversight, control, and guidance of all aspects of the use of the
County/Parish property and equipment under this Agreement.
(7) The Court is permitted to deliver for its own exclusive use such chairs, desks, and
computer equipment as is necessary to properly function.
(8) The Court shall be responsible for all maintenance, upkeep, repairs and technical
and engineering assistance on its own equipment during the term of this
Agreement. The Court shall also be responsible for the maintenance, upkeep and
repair of County/Parish equipment they may use, beyond normal wear and tear,
provided that the County/Parish equipment is used exclusively and/or primarily
by the Court.
(9) The Court is entitled to remove and shall remove all of its movable equipment
from the building at the termination of this Agreement. The County/Parish shall
have no claim or interest in any movable that is owned by the Court.
(11) The Court will arrange for courtroom security as is customary for its day-to-day
operations at the Court's expense.
(12) Any additional costs incurred by the County/Parish to house the Court such as,
but not limited to, water, gas, and electricity, will be reimbursed to the
County/Parish from the Court's adopted budget.
(13) The Court will be responsible for any damages of any nature deemed as more than
normal wear and tear.
TERMINATION
This agreement may be terminated by either party at any time within thirty (30) days
written notice or as otherwise stated herein. All notices shall be sent to the undersigned
parties by certified mail, return receipt requested.
Any claim or controversy arising out of this agreement shall be resolved as per law.
Venue and jurisdiction shall be the (designate jurisdiction) .
ASSIGNMENT
No party herein shall assign any interest in the same (whether by assignment or notation).
TERM OF AGREEMENT
This Agreement shall remain in full force and effect unless terminated by one or both of
the parties to this Agreement.
DISCRIMINATION CLAUSE
The County/Parish and Court agree not to discriminate in their respective employment
practices, and will render services under this Agreement without regard to race, color,
religion, sex, national origin, veteran status, political affiliation, disabilities.
INDEMNIFICATION
The Court and County/Parish both agree to indemnify, hold harmless and defend each
other, and their respective officers, agents, servants, attorneys and employees from and
against any and all claims, demands, losses, suits, damages, judgments, costs and
expenses whether, indirect or consequential and including but not limited to all fees,
expenses and charges of attorneys and other professionals, as well as court costs and
expenses, for actions or inactions arising out of, in connection with or resulting from the
use of the (building identified above) hereinafter arising from claims or violations
resulting from such usage in the course and scope of this Agreement for any employee
and/or loaned employee that may be due to and caused in whole or in part by any act,
error, or commission or commission of any act by negligence or otherwise while
performing services.
SEVERABILITY
If any term or clause herein is deemed unenforceable or invalid for any reason
whatsoever, then that portion shall be severable and the remainder shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of this ___ day
of (month),___, 20__.
County/Parish Court
By By
WITNESS: